In a partnership, each partner should have a capital account and your accountant should have those numbers. Practically speaking, the value of the partnership is the value of all the assets, here a $200,000 piece of real estate, less any liabilities outstanding. Assuming there are no liabilities and assuming that each of you has a 50% interest in the partnership, the buy out price would be $100,000, the value of one half of the net assets. There may, of course, be other factors in terms of...
The board of directors can elect her as an officer. The corporation, through the board and/or the shareholders, can issue shares to her. The terms and conditions of issuing shares are determined by your Articles or Certificate of Incorporation and possibly your bylaws. You should consultant with your accountant regarding potential tax consequences, if any..
Change of the nature of shares already authorized generally require an amendment of the Certificate or Articles of Incorporation. Such an amendment usually requires shareholder approval. You can likely make the change you wish if (1) the directors concur and recommend the same to the shareholders; (2) the shareholders concur; and (3) the change does not harm any current shareholder financially or otherwise.
There are two issues here. First, you can simply execute a deed from John Smith to XYZ Company, LLC. That is the easy part. However, if there is a mortgage on the property your lender may not allow you to do that. Also, in some jurisdictions there are rather steep transfer fees. I suggest you consult with a local real estate lawyer.
It is generally a good idea to have real estate held in a separate LLC. Unfortunately, lending institutions are not always so cooperative.
It is certainly a viable option. The individual PC's may be able to gain some tax advantages depending on structure. There is no real downside, so long as the structure is properly documented. Distributions of course would go to each PC
There are three requirements for a valid gift: (1) donative intent (the donor intends to make a gift); (2) delivery (the gift is delivered to the donee actually or constructively); and (3) acceptance. Acceptance is inferred for gifts of value, e.g., money. If you were giving someone a pet tiger, for example, or something else the donee might not want, acceptance would have to be proved.
Delivery is the issue that often trips people up if the gift is not actually handed to the donee....
I think what you are asking is whether you would own half the company in the event of divorce or her death. If that is your question the answer is "no," except to the extent that community property laws in California yield a different result.
Have you issued shares in the S corporation? if not, you could probably issue shares now with each of you holding half, since you are taxed collectively I assume for the S corporation. Check with your accountant so there are no tax glitches. From a...
I am not certain I follow completely. If you are seeking an investor in your business, then you could turn to an investment banker that deals in small amounts, though such a person will be difficult to find. When you say "visa" do you mean immigration visa? If so, one avenue is the EB5, but it requires $500,000 to $1 mm invested unfortunately.
You must be careful from whom you raise money. If you target unaccredited investors, e.g., those making less than $200,000 a year or $300,000 if...
Foreign nationals may own an interest in an LLC. You cannot work in the U.S. unless you obtain the proper visa.
There are a variety of other issues to consider, including where to organize the LLC. You will, of course, need to work out details of managing the enterprise. Several of my clients are foreign nationals who co-own LLC's with Americans.
I strongly suggest that you form an LLC. The cost is modest and it provides you protection against liability. If you elect to be taxed as an S corporation you can save some tax liability with regard to self employment tax, at least potentially. Given the nature of our litigious society, it is, in my view, most prudent to use the LLC resource.
An S corporation is the best alternative, which you could also consider. However, if the company is you alone, the LLC serves your purpose.