BUSINESS FILING SERVICES

What We Can and Can’t Do For Our Clients

Goal: To help our clients with entity formation and compliance services without providing legal advice.

DKZ DIRECT TAX Is The Key To Small Business Success

Source: http://www.waspbarcode.com/small-business-report-accounting

Our Clients Depend on Us 

What Can We Help With?​

Clients come to us with a multitude of questions.

  • Why should I incorporate or form an LLC? 
  • What entity will save me tax dollars? 
  • What are the advantages of a C Corporation?
  • Should I operate as an LLC or S Corp?
  • What state should I register in?
  • Do I need a registered agent?
  • What should I expect after I incorporate or form an LLC?
  • Do I need to hold an annual meeting if I am a small corporation or LLC?

Confusion About Legal Advice

Within the accounting industry, there is confusion on what is considered legal service and what is OK to add as a service.​​

Accountants, etc., MAY NOT GIVE advice about liability ramifications of the various business entity types, but they MAY GIVE advice about the effects a business structure will have on a clients’ tax obligations.​

Types of Questions We Can Answer

  • Will pass-through taxation, S Corporation tax treatment, or taxation as a corporation be most beneficial financially to a client who is forming an LLC?
  • What options does a general partnership have if its owners want to lower their self-employment tax burden?
  • Which states offer the most favorable tax rates for a corporation?

Filing Documents

Accountants, CPAs, enrolled agents, bookkeepers, and other professionals can take information from a client and transfer it to the state via the required business registration documents.​

The task of preparing and filing the paperwork are something clients can do on their own or enlist our help as the professional to do it on their behalf. The person handling those activities is merely acting as a scribe.​

Entity Formations​

Simple vs Complicated

When it comes to helping clients incorporate a business or form an LLC, it all comes down to whether the business is simple or complicated. If simple, we can help. If complicated, you will need to outsource to legal council.​

​This information will determine complexity:​

  • Amount being invested​
  • What is being invested​
  • Mergers/Acquisitions​
  • Member/Manager roles and level of management​
  • Trust

Operating Agreement

An operating agreement states the rights, responsibilities, and obligations of each of the members of the LLC, as well as the distribution of income of an LLC. It is not required that an operating agreement be submitted for filing to the Secretary of States office to form an LLC, but it needs to be drafted and remain at the principal place of business to stay compliant with corporate formalities. ​

Can we help draft an operating agreement for you?

The operating agreement is a legal document that is created for each state and holds specific state statutes. If ‘simple’ LLC, there are templates readily available for each state to fill out. If ‘complicated’ an attorney will be needed to complete.​

​This information will determine complexity:

  • Series LLC​
  • Specific partnership agreement​
  • Specific voting rights between the members​
  • Manager-Managed LLC where managers and members have different roles and responsibilities​

Publication

Certain states require a Notice of Publication when a corporation or LLC is formed and filed within the state.​

Anyone can draft a Notice of Publication as long as it is done properly and according to that states’ statutes and laws and for the duration required.​

​Generally speaking, most states require the Notice of Publication to be published within a newspaper within the county in the state where the LLC or corporation is formed.​