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By JOHN CUNNINGHAM

This column is about important new federal deadlines applicable to virtually all New Hampshire business entities. Failure to meet these deadlines can result in serious penalties for these entities. The deadlines are discussed at the end of this...

By JOHN CUNNINGHAM

Studs Terkel was a superb author, actor and activist. He lived from 1912 to 2008. He wrote endlessly about Chicago, the great city where he resided. In 1972, he published his most famous and most widely read book: “Working — People Talk about What...

By JOHN CUNNINGHAM

As readers may know, a newly effective federal law called the Corporate Transparency Act (the “CTA”) provides that almost all entities formed under U.S. state law except sole proprietorships must, by set deadlines, file reports with FinCEN, the U.S....

By JOHN CUNNINGHAM

A close friend of my wife and mine recently lost her partner of many years. He died of Alzheimer’s disease at a Concord, New Hampshire hospice facility.As readers will know, I write this column primarily for New Hampshire business owners but also for...

By JOHN CUNNINGHAM

Most New Hampshire multi-member LLCs are and should be taxable as partnerships under Internal Revenue Code Subchapter K, the default federal income tax regimen applicable to these LLCs. This is because, for the members of these LLCs, partnership...

By JOHN CUNNINGHAM

As New Hampshire business owners will know, in 2021, Congress enacted a new statute, called the Corporate Transparency Act (the “CTA”) that, beginning on January 1, 2024, will impose strict new reporting requirements on almost all New Hampshire...

By JOHN CUNNINGHAM

As I wrote in my previous column in this newspaper, under the Corporate Transparency Act (the “CTA”), New Hampshire companies formed on or after January 1, 2024 must file with the U.S. Treasury Department detailed reports about, among other things,...

By JOHN CUNNINGHAM

As I wrote in my column last week in this newspaper, under the Corporate Transparency Act (the “CTA”), New Hampshire companies formed on or after January 1, 2024 must file with the U.S. Treasury Department detailed reports about, among other things,...

By JOHN CUNNINGHAM

On August 16, 2023, President Biden signed the Inflation Reduction Act (the “IRA”). The IRA passed in the U.S. House of Representatives by a vote of 220 to 207 and in the U.S Senate by a vote of 51-50. The fact that despite the fervent opposition of...

By JOHN CUNNINGHAM

Joe Blow lives in Concord and owns a Concord-based company. He needs a marketing executive, and he wants to hire Mary Jones. He can pay her generously, but she lives in Darien, Connecticut, and he needs her to move to Concord so she can come to his...

By JOHN CUNNINGHAM

You might guess — and it would be a reasonable guess — that most New Hampshire LLC lawyers are engaged exclusively in forming New Hampshire LLCs for New Hampshire clients. But you’d be wrong. A major task for at least a few of these lawyers is to form...

By JOHN CUNNINGHAM

Last week, the Business Litigation Section of the New Hampshire Bar invited me to join their meeting at the Bar Center in order to outline for them what I believe are the major malpractice risks that New Hampshire lawyers must address in drafting...

By JOHN CUNNINGHAM

If you plan to form a New Hampshire multi-member LLC to conduct a business or for any other reason, and if, for this purpose, you use the help of LegalZoom, the well-known national legal services company, LegalZoom’s charge for all of its work for you...

By JOHN CUNNINGHAM

Many competent New Hampshire estate planning lawyers advise their clients who are members of LLCs to hold their memberships in trusts. As I’ve already briefly mentioned in previous Law in the Marketplace columns, this is usually a bad idea. And using...

By JOHN CUNNINGHAM

In my Nov. 11, 2020 ,column in this newspaper, I wrote about a powerful but little-known and little-used Internal Revenue Service proposed regulation called Prop. Reg. § 1.1402(a)-2 (the “Prop. Reg.” ). The Prop. Reg. enables individuals who are...

By JOHN CUNNINGHAM

My legal and tax practice consists to a significant degree in helping people start new businesses, and I follow the literature in this field. A few days ago, I read a law journal article entitled “5 Reasons Why Startups Need a Lawyer from Day 1.” For...

By JOHN CUNNINGHAM

There are currently about 62,000 New Hampshire single-member LLCs in good standing, and every year, New Hampshire businesspeople form at least 14,000 new single-member LLCs. Most of them form their single-member LLCs on their own. Some of them do so...

By JOHN CUNNINGHAM

Most businesspeople who have formed any of the 80,000 New Hampshire LLCs currently in good standing have done so because LLCs are so easy to form and because they provide their members with liability shields. The same reasons apply for the 18,000...

By JOHN CUNNINGHAM

I’m a member of the Economic Development and Fiscal Policy Committee of the New Hampshire Business and Industry Association, New Hampshire’s statewide chamber of commerce. On April 14, Maria Painchaud, interim Executive Director of an organization...

By JOHN CUNNINGHAM

New Hampshire multi-member LLCs provide powerful legal and tax structures for their members and their businesses. These structures can enable the members to provide products and services to their customers that they could never otherwise provide and...

By JOHN CUNNINGHAM

New Hampshire LLC members and managers know all too well that from time to time, they will have to implement LLC business plans that are risky; they know that if these plans fail, they may get sued by non-manager members or by third parties; and they...