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Commentary and Analysis Regarding Colorado Law

Subcategories from this category:

Ethics/Professionalism

PROFITS INTERESTS IN LLCs: A Tax-Friendly Alternative to Stock Options

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Many small business clients find granting employees or key service providers a stake in the business an attractive concept as a tool for encouraging employee retention and quality work product. However, stock options and other grants of equity in small businesses often meet significant tax challenges that derail business owners’ good intentions.

One traditional type of equity grant, a grant of stock options, is used in many startup-friendly industries to help fledgling businesses compete with their more-established, full-pocketed competitors that offer higher salaries. But one hurdle is that stock options, when vested or when exercised, are often considered taxable income to the recipient.

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Dissecting the LMU Emu

Dissecting the LMU Emu

In the last decade or so my favorite genre of commercials on television has undoubtedly become commercials for home and auto insurance. I will literally back up the DVR to see how I have become my parents by bundling my home and auto insurance. Whether it’s Flo, the LMU Emu, the Geico gecko, or the Patrick price/Rogers’ rate, boring insurance companies have gone over the top to seem clever, and it’s worked. But not a single one of these companies actually advertise one detail about what they are selling. Deciding what coverages and how much you need of each is never mentioned. And, like bad red wine, the policy you’ve had since you were twenty years old has not aged well.

I know that this sounds like an insurance agent working for your business. I’m not, nor am I qualified to sell you anything. But what I can tell you is that as a lawyer working with people who have been seriously injured, I have looked across the table at too many people learning too late that the auto carrier of the person who injured them doesn’t come close to covering their damages. Those same people often learn that the coverages they opted for multiple years ago to save a few premium dollars don’t help them either. Your car insurance, like your car, needs maintenance from time to time. You should check what coverages you have and what they actually cover. Call your agent and ask what coverages are available and in what amounts. Ask yourself, what do I have to lose if I am seriously injured, or what if I injure someone seriously? If the answer makes you shudder, you don’t have enough coverage.

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COVID-19 Legal Update for 2021

Unfortunately, as we complete the first month of 2021, the COVID-19 pandemic is still surging and many of the laws related to it changed on January 1, 2021. This article surveys a few of those laws, but is by far not an exhaustive list or a complete analysis of all of the new laws. Please give us a call if you have any specific questions related to the COVID-19 laws or otherwise.

Colorado Healthy Families and Workplace Act

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Take the Gain, Pay the Tax and Run?

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Each Presidential candidate has put forth a proposed plan for Federal taxation of long-term capital gains which, if passed into law in 2021 or beyond, could have major impacts on your decision regarding the timing of sales or transfers of appreciated capital assets.  

1. Mr. Trump has proposed reducing the maximum long-term capital gains tax rate from the current maximum of 20% to 15%. Assuming you sell capital assets in 2020 and have a taxable gain amount greater than $250,000, you’d also owe the Net Investment Income Tax (NIIT) percentage of 3.8% on the amount over the $250,000 threshold (if married, $200,000 for singles), for a combined tax rate of 23.8% on the long term capital gain. Obviously, if Mr. Trump’s plan to reduce the maximum tax rate to 15% is adopted in 2021 by Congress, your tax bill would be favorably impacted if you wait until 2021 or later to sell the capital asset.

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Financial Danger Ahead: See Your Financial Advisor/Attorney Now

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Assuming a regime change in Washington, the Biden tax plan proposes monumental changes that will have a massive impact on how many individuals (this means you) have structured their estate plans and finances for decades. Some of the things that should be discussed NOW with your financial consultant:

 

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Real Estate Rescue – Government Help for Commercial Property


This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on a proposed Bill called the “Helping Open Properties Endeavor Act of 2020,” establishing a loan fund to avoid a wave of property foreclosures. 

HOPE Act: Early Thoughts on a Possible Rescue Plan for Real Estate

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COVID-19 and Potential Employment and Liability Issues

April 24, 2020
COVID-19 and Potential Employment and Liability Issues
By Brian L. Allard, Associate

As businesses confront challenges not seen in generations, due to the COVID-19 crisis, it is extremely easy to become complacent with basic personnel and business liability matters. Yet now more than ever, businesses must stay vigilant. As revenues drop and payrolls become more difficult to maintain, wage and hour disputes will become more and more prevalent. Even in a crisis, businesses must pay their employees. Also, in financially difficult times more scrutiny will be placed on employees’ wages and hours. More information regarding wage and hour laws in the state of Colorado can be found here.

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1031 Exchange and Opportunity Zone Investment Deadlines Extended

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April 15, 2020
1031 Exchange and Opportunity Zone Investment Deadlines Extended
by 
Cameron A. Grant

On April 9, 2020, the Internal Revenue Service issued Notice 2020-23 extending certain deadlines provided by the Internal Revenue Code for taxpayers either engaging in Section 1031 like-kind exchanges or making investments in Qualified Opportunity Zone Funds.

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COVID-19 ALERT: Beware of Scams

April 15, 2020
COVID-19 ALERT: Beware of Scams

by Jennifer M. Spitz, Shareholder

During the COVID-19 pandemic, there are many examples of altruism and community support.  Unfortunately, though, not everyone has good intentions.  Some people use this difficult time to try to defraud others.  Below are some examples to watch out for.

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PPP Loan Update:  YOU ARE APPROVED!  Now What?

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Lyons Gaddis Covid-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on the new PPP Loan Program and recommendations for managing your loan proceeds. 

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PPP Loan Update:  Borrow Now or Wait?

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Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on the new PPP Loan Program and the timing of borrowing funds. 

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CARES Act Protections for Tenants, Landlords and Borrowers

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on the CARES Act as it relates to tenants, landlords and borrowers.

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2020 Notary Public Alert: COVID-19 Emergency allows for TEMPORARY remote notarization

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on the new procedures for remote notarization in Colorado.

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COVID-19: Tenant Checklist

Tenant Checklist

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on the challenges faced by tenant business owners facing financial challenges and operational constraints in the wake of the COVID-19 outbreak.

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UPDATE: SBA Economic Injury Disaster Loans (EIDL)

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on small business owners who are dealing with closures and other challenges in response to recommended or mandated social distancing measures in the wake of the spreading coronavirus 

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FORM - Certification Letter for Workforce Travel

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert provides a sample form for use by companies designated as “Essential Businesses and Operations” under Governor Polis' Executive Order D2020-017 (as amended) exempting certain critical services from the stay-at-home Order.

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COVID-19 EMPLOYER CHECKLIST

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on specific issues for employers in response to the current crisis.

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ALERT: COVID-19 and Contract Issues

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on clients dealing with contract rights and obligations in the wake of the spreading coronavirus. Parties to a contract should confer with counsel regarding the particulars of your contract and your specific situation.

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ALERT: Governor Polis Signs Executive Order Regarding Paid Sick Leave

jared.polis.at.desk

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on Colorado Governor Jared Polis’ recent Executive Order regarding paid sick leave.

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ALERT: Small Business Funding and Colorado Disaster Loans

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on small business owners who are dealing with closures and other challenges in response to recommended or mandated social distancing measures in the wake of the spreading coronavirus 

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Serving The Entire State Of Colorado
Map and Directions


Longmont Office

515 Kimbark Street, Second Floor
Longmont, CO 80501
Phone: 303-776-9900 
Maps & Directions

Louisville Office

950 Spruce Street, Unit 1B
Louisville, CO 80027
Phone: 720-726-3670 
Maps & Directions

Glenwood Springs Office

818 Colorado Avenue, Suite 201
Glenwood Springs, CO 81601
Maps & Directions

Littleton Office

5808 South Rapp Street, Suite 240
Littleton, CO 80120
Maps & Directions