Legal Question in Business Law in New York

Can a minor (4 y.o) own a business in the state of NY? And if so what would the taxes be like? Any information you can provide on this subject would be greatly appreciated. What would be the best type of business owenership to enter and so forth. Thanks in advance.


Asked on 9/13/10, 6:36 pm

1 Answer from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

The answer is yes & no.

A minor, under the age of 18, cannot start a corporation in NY. However, a minor can own shares in a corporation and vote. So, an adult would need to form a corporation and then sell / transfer shares to the minor.

In Contrast, there is no restriction on forming or owning LLCs in NY

Minors with income do pay income tax. Tax consideration for the minor and his parents and the amounts of expected income would determine, in part, the choice of entity (corporation, LLC or a partnership). You should consult an accountant with respect to any possible taxes and then use a lawyer to properly set up a corporate entity.

Please be advised that consulting an attorney in this particular case is important because a 4 y.o.arguably may not be able to make the necessary corporate decisions which may open the door to liabilities despite the limited liability nature of a corporation / company.

Roman Fichman Esq.

TheLegalist.com

Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.

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Answered on 9/18/10, 11:46 pm


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