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Want to personally finance my business....without destroying the corporate veil!?

 
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RealestateInc

posts: 2

Mar 10, 2008 9:12 PM ET    Quote  Report Abuse
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Hello, great forum here, there are many amazing and knowledgeable posters. I am just beginning in real estate investing and have formed my LLC and set up my bank account. I have come to the conclusion that qualifying for corporate credit will be much harder than I realized, not to mention time-consuming. Instead of going through this lengthy process what I am considering is personally financing my business for the first 2 years until I have built up some background with the company and then (hopefully) qualify for corporate credit. My main concern with doing this is co-mingling my funds and destroying the corporate veil. For the investment level I need, there will be little risk to my personal cash reserves. Can anyone tell me if there are any routes I can take to give my company the base it needs without ruining the veil? Thanks!
 
 
 
RealestateInc3/10/2008 10:25 PM
mlebovits

posts: 88

Mar 10, 2008 9:56 PM ET    Quote  Report Abuse
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One of my lawyer friends wrote a short paper on piercing the corporate veil.  I posted a summary on my blog.  Hope this is helpful.
 
Marshall Lebovits
RealestateInc

posts: 2

Mar 12, 2008 3:13 PM ET    Quote  Report Abuse
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Ok, I found the answer to my question lies in the form of a written loan agreement. Here it is in case anybody out there is interested:
 
The business owner should never personally pay what are clearly business expenses from his personal accounts.

 

Say the business entity`s telephone bill, for $400, is due, but this business lacks the required funds in its accounts to pay the bill. It would be a mistake for the owner to pay this bill with a personal check or credit card. Instead, the owner could lend the cash to the entity, under a written loan agreement. It is not necessary that a new loan agreement be executed each time. Instead, an open-end agreement can be used. The entity could use the loaned funds to pay the bill directly from its business checking account.

RealestateInc3/12/2008 4:15 PM
Gilberts

posts: 29

Mar 27, 2008 10:21 AM ET    Quote  Report Abuse
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Who do I send the written loan agreement to? 

OK. It was an honest mistake and now that I know not to do that again, what is the way to clean up the mess? Or is it a mess? Is Dun & Bradstreet really going to investigate if I ever paid something with a personal check? My corporation is seventeen years old. It was started as a research & development and never had income.  I always paid all bills with a personal check. The form 1120S was filed every year. I now have a checking account in the name of the corporation, I am ready to file with D&B, what else do I need to do to build the corporate credit?
Who do I send the written loan agreement to? 
MattC

posts: 36

Mar 28, 2008 1:13 PM ET    Quote  Report Abuse
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I am in a similar situation.  I just moved $2000 into my corporate checking from personal checking and will be moving about $7500 more based on a personal credit line.  I assumed this was ok since I am the owner this is basically investment in the company and all the company bills will be paid with this corporate checking account or corporate credit card.
 
Is this not the case?
Gilberts

posts: 29

Mar 28, 2008 1:30 PM ET    Quote  Report Abuse
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I guess you are doing fine by loaning the funds to the business by depositing it in the corporate account. I would understand if the corporation was held by numerous stockholders, in our situation as single operator what is the difference? Why is it so important to have a business account if there are no revenue?
robertj

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Mar 28, 2008 3:00 PM ET    Quote  Report Abuse
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I am in a similar situation.  I just moved $2000 into my corporate checking from personal checking and will be moving about $7500 more based on a personal credit line.  I assumed this was ok since I am the owner this is basically investment in the company and all the company bills will be paid with this corporate checking account or corporate credit card.
 
Is this not the case?

Matt,

In general, if you want to ensure your personal liability protection, you need to maintain proper records and documentation.  



-------------------------

Business Growth Masters, LLC -
Capital Catalysts for Entrepreneurs
Home of the Scalable Business Plan and QuikStart Capital Programs
http://www.bizgrowthmasters.com
info@bizgrowthmasters.com


PRINCIPE

posts: 19

Mar 28, 2008 3:35 PM ET    Quote  Report Abuse
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For tax purpose is better to have separate accounts, business and personal and pay all business expenses with the corporate account, also when you put money into you business you should write that amount of money as a loan, accountably speaking, because when you start making money  you can paid the money back from that gains so in this way you don`t have to pay taxes for all your gains. if your are the still is good idea to have different accounts.
if you need a credit in your corporation name, you can build asking the credit card issuer to have the name of the company in the records, if you need to buy equipment buy it in the name of the corporation, some stores can give the credit in your corporation name. just to give some ideas.
MattC

posts: 36

Mar 28, 2008 6:23 PM ET    Quote  Report Abuse
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Thanks to everyone who has offered advice.

Gilberts - Although I have no revenue (yet!) I established a business checking and credit card account for this reason.  To establish it as a separate entity.  There were business expenses that I incurred prior to having my LLC documents filed and business banking/credit accounts set up and I have been told that I can still put those in for a deduction.  This includes computers, office supplies etc from 2007 that I hope to put against revenues in 2008.

Robert - I actually have been a bit slack on maintaining my documents and im going to pull all of that together this weekend

Principe - Would that apply to an LLC as well?  I will write up a loan to formalize the agreement but I believe having an LLC stops this issue of double taxation.


Thanks
Matt

robertj

posts: 1461

Mar 28, 2008 11:02 PM ET    Quote  Report Abuse
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Matt,

In an LLC or corporation - whether there is a taxable "event" depends on whether the dollars being "transferred" to you are a plan repayment or disbursement of profit.



-------------------------

Business Growth Masters, LLC -
Capital Catalysts for Entrepreneurs
Home of the Scalable Business Plan and QuikStart Capital Programs
http://www.bizgrowthmasters.com
info@bizgrowthmasters.com


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