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Product ID: 400717EAU
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Choice of Entity: Tax and Non-Tax Considerations

OnDemand Webinar (91 minutes)

Gain a better understanding of the various considerations that go into making a choice of entity decision.

These elements will include updates from the Tax Cuts and Jobs Act, non-tax considerations, and how to avoid financial consequences. The dynamic of the choice of entity decision has significantly shifted with the passage of The Tax Cut and Jobs Act, most of the provisions of which went into effect as of January 1, 2018. The corporate income tax rates were significantly reduced, while owners of pass-through entities were granted a new 20% deduction on certain business income allocated to the owner. But the new tax law is just one piece of the puzzle, as there are various other factors to consider when deciding on an entity through which to operate a business. This topic will help counsel for entrepreneurs understand the various decision points that go into making such a decision. While the decision is often tax-driven, there are also a variety of non-tax considerations that are at play in the choice of entity decision that will be covered in this material. Choosing the wrong form of entity can have significant financial consequences, some of which can be mitigated with proper 'damage control', and some of which is irreversible. This information is critical for those who seek to ensure that they have a good grasp of the various pressure points on the choice of entity decision.


Richard Chou, Blank Rome LLP Jeffrey M. Rosenfeld, Blank Rome LLP Andrew Woodman, Blank Rome LLP


Levels of Tax

Restrictions on Ownership

Formation Concerns

Deductibility of Losses vs. Exemption of Gains on Qualified Small Business Stock

Payroll Tax Concerns

Flexibility of Profit Allocations

Pass-Through Deduction

Net Investment Tax Concerns