Legal Question in Business Law in Georgia

Whose name should the business be in?

My husband has a small business installing commercial garage doors. It is presently in his name. The business is not incorporated. Until recently the employees were my husband, our son, and one more person. My husband was diagnosed with terminal Non-Hodgkins Lymphoma in March of 2000, and he had no income from the business in 2000. He now draws a disability pension from the VA and Social Security. My son does all the work with the other partner.

When we file taxes for 2000, the business cannot use my husband's federal ID number or social security number because it will look as though he had income for the year (which he did not). We do not want to put the business in our son's name in case my husband is ever able to return to work. Our son does not want this either. My question is if we can put the business in my name for purposes of filing taxes. This is not a big business and most of the money is paid out for salaries and insurance.

Please help me because I have no idea how to go about filing the tax. We have filed the business and our personal tax together in the past. I thank you so much for any help you can give me.


Asked on 1/04/01, 10:56 pm

1 Answer from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Whose name should the business be in?

This should be fairly simple for a tax attorney or (less expensively) a C.P.A. Unfortunately, I don't do any tax work. I leave that to the experts. Good luck.

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Answered on 1/08/01, 5:37 pm


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