Colorado  |  Business Law

Legal Question

Asked on: 7/30/13, 2:45 pm

My son owns 80 acres that he wants to turn into a horse ranch. He has already incorporated (C-Corp) the business. The land is deeded in his name. My question is: Would it be better (or even possible) for him to lease the land back to his company, or transfer title of the land to the corp?

1 Answer

Answered on: 7/30/13, 3:02 pm by Robert Murillo

Your son is advised to speak to a business attorney to advise him on entity formation, contracts, and how to structure the ranch. First off, it is very unlikely that a C-corporation is the best entity for this business. Second, holding the land in a corporation would be a huge mistake on a tax basis for a slew of reasons. Holding the land through an LLC is likely the best route and this may be the best way to hold the business, depending on various facts about this business.

Everyone wants to save money. That is logical if that "savings" does not cost you much more in the long run. Trying to make critical legal and tax decisions without consulting an experienced business attorney and accountant is the epitome of penny wise and pound foolish. Your son should start contacting business attorneys.

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