Monitor managers’ activities c. Give incentives based on performance d. Offer stock shares or stock options e. Hostile takeover threat Answer: a 3. What is the main advantage of S-corp relative to C-corp? a. Profit margin b. Single taxation c. Limited liability d. Dividend policy e. Capital structure Answer: b S-corp Distribution is taxed only once at personal income tax rate.
The stockholder’s argued: (1) the plaintiff’s certificate of incorporation does not expressly authorize the contribution, and under common-law principles the company does not possess any implied or incidental power to make it, and (2) the New Jersey statutes which expressly authorize the contribution may not constitutionally be applied to the plaintiff, a corporation created long before their enactment. Issue: Does the corporation possess any implied or incidental power to make the contribution? Holding: Yes.
Question 14-4 - What is the purpose of Code Sec. 351 in regard to transfer to corporation? Code Sec. 351 states that no gain or loss is recognized by shareholders if property is transferred to a controlled corporation by one or more persons in exchange for stock in the corporation. Moreover, no gain or loss is recognized to a corporation upon the receipt of money or other property in exchange for the stock of such corporation.
Jones don’t purchase the stock of Smithton outright. If Mr. Jones did purchase this stock outright it would cause him to acquire the assets, liabilities, and any contractual obligation that are outstanding of Smithton. According to the text Mr. Jones would be completely liable for any existing and future tax liabilities of Smithton. Because the Smithton wouldn’t cease to exist the purchase of stock wouldn’t be recommended for Mr. Jones. Since Smithton’s basis or tax schedule would not be change.
Separate Transaction reasoning: There are three main reasons why the Veritas shares should be divested in a separate transaction. The first one is to escape tax. Separating the deal in different transactions, and using a tax-free stock swap, implies that stocks are not sold ( if company as a whole were to be sold ) , therefore escaping from a huge tax liability bill. The second one it’s obvious. The value to the separate transitions would be higher than a combined one.
The CPA or CPA firm would at least have reputational interest in the financial report that it “managed”. This human nature will impair the CPA or CPA firm’s independence, and will decrease the reliability of the audit report. Second, self-interest focuses on the interest of decision makers. The CPA or the individual partner of the CPA firm would probably increase his own compensation by serving as both the entity’s consultant and auditor. On the other side, for the entity, hiring the same firm as both consultant and auditor can save it audit expense, since the CPA or CPA firm has already known a lot about it when performing consulting, thus decreasing its audit hours.
CanGo has very low profitability ratios, low turnover ratios and a high debt equity ratio. All these demonstrates that it’s in Cango’s best interest to take control of their financial performance, and focus on generating cash for the company, make better use of available resources and ensure that they are able to generate profit. The company should not take more debt and need to focus on how to use their existing resources to generate more cash flow to be able to operate and meet their financial obligations. Under the current operating system debt is increasingly being
For Pharma to survive and become viable it was obvious that some decisions had to be made, but was the sale of the assets in the best interest of the corporation, or was it in the best interest of Adams and Barker? One can only conclude that the directors violated all their duties of financial interests, care and rational belief and were not acting with best information and, thus, cannot be shielded by the business judgment rule. 7. What type of lawsuit, derivative or direct, would be filed by Cornelius
* The pooling method could be described as the merging of two companies. The purchasing method treats the merger as an actual investment. * The pooling method does not clearly distinguish between the company acquiring and the company being acquired. The purchase method clearly distinguishes between the two. * The pooling method does not record the
In this circumstance, revolution is unavoidable. According to option#1, the corporation will acquire safety stocks such as the safety stocks of the key material and double source the electronic assembles. However, the safety stocks provide little economic benefit and the double-sourcing will be a burden to the free cash flow of the corporation. With option#2, the corporation will build the relationship with a single supplier. It will cut down the cost to some extent but absolutely magnifies the risks since diversification actually is good for minimize the risks.