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Back taxes

Asked by: Jim - 15 February, 2012 I currently owe back taxes but have a business opportunity and was wondering if incorporating this business would it protect it from my current personnal tax issues?
Answered by: Alec Green - 15 February, 2012 Jim,

Sorry to hear about your problem. I will try to answer your question to the best of my knowledge.

Although when the business is incorporated it becomes an entity separate from its owner, it is still owned by its owner. Hence if you owe back taxes anything you own might be at risk to be taken away from you.

There are several strategies that permit some degree of protection from loosing your assets, such as keeping those assets in a manager managed multiple-member LLC, taxed as partnership, however those advanced asset protection strategies work best when applied prior to situations such as the one you find yourself in right now.

I would recommend you to consult a few specialists, such as a CPA or an attorney who specialize in asset protection, as well as who know how to help people in your situation. Also, you might try to use the help of people you trust such as some family members, who might assume ownership of this company with you managing it. However that solution has its obvious pros and cons, as you probably understand.


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