Kenneth Allyn Sprang’s Answers

Kenneth Allyn Sprang

Washington Business Attorney.

Contributor Level 15
  1. What state is best to form LLC? I'm based in TX, will sell products via ecommerce; items will ship nationwide from suppliers.

    Answered over 2 years ago.

    1. Kenneth Allyn Sprang
    2. Brian S Wayson
    3. Phillip Monroe Smith
    3 lawyer answers

    I generally prefer Delaware for organizing companies, as their system is streamlined and costs reasonable. However, if you were to register in Delaware you would still have to register as a foreign entity in Texas, so as a single member LLC you are probably best off organizing in Texas. Companies who organize in Delaware do not pay income tax there unless they are actively doing business there. However, every state has some type of annual fee or franchise tax, including Delaware. Texas...

    5 lawyers agreed with this answer

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  2. I am an Indian Citizen and want to start a IT Staffing company (Business) in US.

    Answered about 3 years ago.

    1. Kenneth Allyn Sprang
    2. Olaide Abdul Clement Banks
    2 lawyer answers

    The answer is yes you can do this. In fact, my colleagues and I represent several Indian companies that have wholly owned subsidiaries here in the U.S. l. I have been advised by my Indian clients that Indian nationals are prohibited by Indian law from owning property in the U.S. However, what you can do is to create a limited liability company (LLC) or a "C" corporation (S corporations are helpful in the U.S. for tax purposes, but foreign nationals may not hold stock in an S corporation)....

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  3. Should name of C corp be in Uppercase for state tax return or CamelCase is OK?

    Answered over 2 years ago.

    1. Curtis Lamar Harrington Jr
    2. Kenneth Allyn Sprang
    3. Christopher Michael Larson
    3 lawyer answers

    CamelCase is a new term for me. Frankly, though I always put names in upper case when filing in DE as a matter of style, I have never seen a directive requiring it. In any event, if the tax return is accurate I do not think you will have a problem regardless of case.

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  4. Where am I doing business in? Incorporated in Delaware, moving to California from Pennsylvania

    Answered over 2 years ago.

    1. Melissa D. Lenhard
    2. Kenneth Allyn Sprang
    2 lawyer answers

    You are registered in DE so that piece is taken care of. If you have not begun doing anything with the business in the C corporation, you can probably avoid filing as a foreign entity in PA. The definition of "doing business" varies from state to state. If you are signing contracts in PA, and if you are living and working in PA, you are almost certainly doing business in PA. The prudent thing to do is to register as a foreign entity in PA. As a practical matter, the consequence of...

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  5. I do pre surgical psych. assessments for people who need spinal cord stimulators.

    Answered over 2 years ago.

    1. Kenneth Allyn Sprang
    2. Michael Charles Doland
    3. Bryant Keith Martin
    3 lawyer answers

    Generally only ideas or concepts reduced to a tangible form, i.e., written down are subject to copyright. Whether the process could be patented or not would be another question, and I defer to patent counsel on that matter. Ideas sadly are not protectable other than with non disclosure agreements. You may use your technique as a trade secret and keep it secret, though that provides no protection if someone else starts using it.

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  6. Shouldnt i be compensated if a company is providing my music without my consent?

    Answered almost 2 years ago.

    1. Gergana Hristova Miteva
    2. Guy Irvin Wade III
    3. Matthew Erik Johnson
    4. Kenneth Allyn Sprang
    5. Bruce E. Burdick
    5 lawyer answers

    You own the copyright on the music from the moment you created it. However, in order to get statutory damages and in order to bring a claim, you must register it. You can do tht your self by going to copyright.gov, though you may be well served to have an attorney do it. Then you need an attorney who does copyright litigation or you need an experienced federal court litigator who will consult with a copyright attorney. You can recover attorneys fees as well if you win, and if you can...

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  7. Is there a true tax benefit for getting married?

    Answered over 2 years ago.

    1. E. Martin Davidoff
    2. Kenneth Allyn Sprang
    3. Christopher Michael Larson
    3 lawyer answers

    The others have addressed the tax issue. You can usually navigate the credit issues by relying on one partner or the other's credit. I would respectfully invite you to weigh the marriage decision long and hard. You will likely save some taxes, but that should be an almost invisible blip on your list of considerations. My wife is a psychotherapist who does a lot of couples' work and she sees marriages in crisis. Hopefully there are innumerable other elements, e.g., your commitment to one...

    4 lawyers agreed with this answer

  8. What steps would I need to take to remove my business partner from the business and any contracts that we currently have?

    Answered over 2 years ago.

    1. Glenn M. Lyon
    2. Robert John Murillo
    3. Kenneth Allyn Sprang
    3 lawyer answers

    The first question is whether you actually have a partnership or whether you operate as an LLC or corporation. If a partnership, partners owe a fiduciary duty to one another and your colleague may have breached that duty it appears. If she is unwilling to sell her interest to you at a reasonable price,e.g., fair market value, you may be able to seek a judicial dissolution. The law will not force persons to remain partners with one another. It is also important to understand the details...

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  9. I am setting up a new software company to develop a product in the market place.Should it be an S or C corp?

    Answered over 2 years ago.

    1. Kenneth Allyn Sprang
    2. Michael Charles Doland
    3. Robert John Murillo
    3 lawyer answers

    The answer is "it depends." All corporations begin life as a C corp. One elects S corp status by filing a form 2553 with the IRS within 75 days of launching the business. With an S corp, one can pay himself or herself a reasonable salary. Then profits beyond that are not subject to the 15.3% FICA tax. You save 15.3% in tax on the difference between your reasonable salary and $110,000. You save a little over $110,000. With a C corp the only real downside is the double taxation of...

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  10. My Husband owns a business (C-Corp) that he started 20 years ago. We have been married for 4 years, and living together for 8.

    Answered over 2 years ago.

    1. Paul Gerard Minoletti
    2. Holden W Green
    3. Kevin Arnold Spainhour
    4. Kenneth Allyn Sprang
    4 lawyer answers

    I do not, of course, know whether divorce is a likelihood or even significant possibility, and if not, whether some other concern drives your question. However, generally any property obtained by your husband during the marriage through his own skill, efforts and industry is community property. Property which he owned prior to the marriage is not community property--it is separate property--unless the two of you agree otherwise. Consequently, if there were a divorce, there would be some...

    5 lawyers agreed with this answer