Legal Question in Business Law in New Jersey
LLC for horse partnership?
A couple of friends and myself want to buy a horse. Over time if we are sucessful we may invite others to join us. if that was to happen we would take a small percenage of the horses winnings as a fee to cover costs. Should we become a LLC? If yes, is it something we can do over the internet?
thanks
3 Answers from Attorneys
Re: LLC for horse partnership?
The simple reply is that you should operate through a LLC or similar arrangement. The forms are available on line, but need to be processed off line. Instructions are at the State web site. You will also need a tax ID number from IRS, to be applied for after the entity is formed. Form SS-4 can be completed on line at the IRS web site. While the arrangement may be simple to start with, I strongly recommend using an attorney to assist you, as it is also suggested that some written agreement be made between the initial people to spell out the operation of the entity, and what happens if anyone is unhappy and wants to get out, dies, etc., or you want to take new people into the operation.
Re: LLC for horse partnership?
An LLC is a good approach. What you are actually entering in to is a joint venture. In addition, to forming a business entitly, you and your partners need to sit down with an attorney to draft an agreement. It should set forth each of your roles in "operating" the joint venture including decision making, capitalization, and bringing in new partners. Do it right now so you won't have problems later.
Re: LLC for horse partnership?
Yes, you need a LLC and an attorney-drafted Operating Agreement to spell out the rights and obligations of the parties. Also, you have to be very careful of the IRS "hobby loss" provisions. If your business does not show a profit, it will eventually be deemed a "hobby" for tax purposes and the loses will not be deductible.
I have more information on LLC formation and tax law at www.taxesq.com
I hope this helps!
Ron Cappuccio
Related Questions & Answers
-
Business sale - offer agreement I am trying to buy a business throught a business... Asked 11/22/06, 12:46 pm in United States New Jersey Business Law
-
Business license Do I need a license to do handyman work in new jersey? I am not a... Asked 11/19/06, 6:48 pm in United States New Jersey Business Law
-
Non Compete My former employer, while I have no record of ever signing a non-compete... Asked 11/17/06, 10:56 am in United States New Jersey Business Law
-
A business contract gone bad, very bad I would like to know what I can do about a... Asked 11/16/06, 3:27 pm in United States New Jersey Business Law