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    <title type="text">Law Offices of Beverly Winstead</title>
    <subtitle type="text">Law Offices of Beverly Winstead</subtitle>

    <updated>2026-11-05T18:48:39Z</updated>

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									                    <name>On Behalf of Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[NIL Deals in 2026: What Student-Athletes and Their Families Should Know About Contracts, Taxes, and Financial Protection]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/11/nil-deals-in-2026-what-student-athletes-and-their-families-should-know-about-contracts-taxes-and-financial-protection/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254656</id>
            <updated>2026-11-05T18:48:39Z</updated>
            <published>2026-11-05T18:48:39Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Understanding NIL opportunities before signing can help athletes protect their earnings, their rights, and their future. For years, student-athletes dedicated countless hours to training, competing, and building their reputations. Today, Name, Image, and Likeness (NIL) opportunities allow them to turn some of that hard work and visibility into financial opportunities. A college basketball player might partner with a local business.…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/11/nil-deals-in-2026-what-student-athletes-and-their-families-should-know-about-contracts-taxes-and-financial-protection/"><![CDATA[<b>Understanding NIL opportunities before signing can help athletes protect their earnings, their rights, and their future.</b>

<span style="font-weight: 400;">For years, student-athletes dedicated countless hours to training, competing, and building their reputations. Today, Name, Image, and Likeness (NIL) opportunities allow them to turn some of that hard work and visibility into financial opportunities.</span>

<span style="font-weight: 400;">A college basketball player might partner with a local business. A football player could sign a promotional agreement with a national brand. Another athlete might earn income through social media, autograph appearances, or hosting a sports camp.</span>

<span style="font-weight: 400;">These opportunities can be significant, but they also introduce responsibilities that many young athletes and their families are encountering for the first time.</span>

<b>An NIL agreement is more than a sponsorship opportunity. It is a business arrangement that can involve contractual obligations, tax liabilities, and decisions that affect an athlete's future opportunities.</b>

<span style="font-weight: 400;">For student-athletes, parents, coaches, and professionals supporting athletes, understanding these considerations is an important part of navigating the evolving NIL landscape.</span>
<h2><span style="font-weight: 400;">1. Understanding NIL in 2026: Opportunities and Responsibilities</span></h2>
<span style="font-weight: 400;">NIL generally refers to an athlete's ability to receive compensation for the commercial use of their name, image, or likeness.</span>

<span style="font-weight: 400;">Common NIL activities include brand endorsements, sponsored social media content, promotional appearances, autograph signings, and other business arrangements involving an athlete's identity or reputation.</span>

<span style="font-weight: 400;">The college athletics landscape has also changed significantly following the approval of the House v. NCAA settlement in June 2025.</span>

<span style="font-weight: 400;">Under the resulting framework, participating Division I institutions may make direct payments to student-athletes within applicable rules and limits. Athletes may also continue entering into qualifying agreements with outside businesses and NIL collectives.</span>

<span style="font-weight: 400;">However, payments made directly by schools and third-party NIL agreements are not necessarily governed by identical requirements.</span>

<span style="font-weight: 400;">The NCAA and College Sports Commission maintain rules addressing third-party NIL compensation, including requirements concerning legitimate business purposes and reporting.</span>

<span style="font-weight: 400;">For example, certain NCAA Division I third-party NIL agreements valued at $600 or more must be reported through NIL Go, a platform overseen by the College Sports Commission. Reporting deadlines and requirements depend on the athlete's circumstances, including whether the athlete is already competing in Division I, transferring, or preparing to enroll.</span>

<span style="font-weight: 400;">These rules matter because failing to follow applicable requirements may create compliance concerns.</span>

<span style="font-weight: 400;">Before entering an agreement, student-athletes should review their institution's NIL policies, applicable state laws, and current reporting requirements with their athletics compliance office.</span>

<span style="font-weight: 400;">For high school athletes considering college opportunities, early guidance is especially important because state athletic association rules and future NCAA reporting obligations may also be relevant.</span>
<h2><span style="font-weight: 400;">2. Before Signing: Understand What the Contract Actually Says</span></h2>
<span style="font-weight: 400;">Imagine a student-athlete receiving a $50,000 NIL offer from a sports apparel company.</span>

<span style="font-weight: 400;">The amount sounds attractive, but the compensation is only one part of the agreement.</span>

<span style="font-weight: 400;">The company may want permission to use the athlete's photographs, name, voice, or promotional content. The contract might also require appearances, social media posts, or restrictions on working with competing brands.</span>

<span style="font-weight: 400;">The important question is not simply how much the athlete will receive.</span>

<b>It is what the athlete must provide in exchange and which rights the athlete will retain.</b>

<span style="font-weight: 400;">Before signing, several provisions deserve careful attention.</span>

<b>Scope of NIL rights:</b><span style="font-weight: 400;"> Does the company have permission to use the athlete's image only for one campaign, or across multiple advertising channels? Can it continue using the content after the agreement ends?</span>

<b>Exclusivity:</b><span style="font-weight: 400;"> Does the agreement prevent the athlete from endorsing competing products or entering other sponsorship arrangements? How broadly is a competing business defined?</span>

<b>Compensation:</b><span style="font-weight: 400;"> Is payment guaranteed, or dependent on completing certain activities? When are payments due, and who is responsible for expenses associated with fulfilling the agreement?</span>

<b>Termination:</b><span style="font-weight: 400;"> Under what circumstances can either party end the agreement? What happens to unpaid compensation or previously licensed materials if the relationship ends early?</span>

<b>Duration:</b><span style="font-weight: 400;"> Does the contract expire after a clearly defined period, or could certain rights continue beyond the athlete's college career?</span>

<span style="font-weight: 400;">These questions are particularly important when an athlete is building a personal brand that may have value beyond collegiate competition.</span>

<span style="font-weight: 400;">Parents and coaches can help athletes recognize when independent legal review is appropriate. Agents and marketing professionals may also assist with NIL opportunities, but athletes should understand whom each professional represents and how that professional is compensated.</span>

<span style="font-weight: 400;">An attractive offer should not replace careful review of the agreement's terms.</span>
<h2><span style="font-weight: 400;">3. NIL Income Is Generally Taxable, Even When Payment Is Not Cash</span></h2>
<span style="font-weight: 400;">One of the most important financial lessons for student-athletes is that </span><b>the value of an NIL deal is not necessarily the amount the athlete will keep.</b>

<span style="font-weight: 400;">According to the Internal Revenue Service, income received from NIL activities is generally taxable.</span>

<span style="font-weight: 400;">This includes monetary compensation and certain non-cash benefits received in exchange for promotional activities or use of an athlete's NIL.</span>

<span style="font-weight: 400;">For example, an athlete who receives merchandise, gift cards, or services as compensation may have taxable income even if no money is deposited into a bank account.</span>

<span style="font-weight: 400;">The tax treatment also depends on the nature of the payment and the athlete's relationship with the payer.</span>

<span style="font-weight: 400;">An athlete performing promotional services as an independent contractor may have self-employment income. In addition to federal income taxes, self-employment taxes may apply.</span>

<span style="font-weight: 400;">Other arrangements, including certain royalty payments for the use of an athlete's image without accompanying personal services, may receive different tax treatment.</span>

<span style="font-weight: 400;">Similarly, some athletes may receive compensation reported on Form W-2, while others receive income reported on information returns such as Form 1099-NEC or Form 1099-MISC.</span>

<span style="font-weight: 400;">The IRS emphasizes that NIL income must be reported when required even if the athlete does not receive a Form 1099 or W-2.</span>

<span style="font-weight: 400;">This makes accurate recordkeeping essential.</span>

<span style="font-weight: 400;">Student-athletes should maintain documentation of payments, non-cash compensation, agreements, and business-related expenses. Expenses directly connected to earning NIL income may be deductible when they satisfy applicable tax requirements, but not every purchase or personal expense qualifies.</span>

<span style="font-weight: 400;">Families should also understand that NIL income can affect an athlete's financial aid circumstances.</span>

<span style="font-weight: 400;">Athletes should discuss substantial NIL income with a qualified tax professional and, when appropriate, their institution's financial aid office.</span>
<h2><span style="font-weight: 400;">4. Federal, State, and Estimated Tax Obligations</span></h2>
<span style="font-weight: 400;">NIL income can create tax responsibilities beyond filing an annual federal tax return.</span>

<span style="font-weight: 400;">Depending on the athlete's circumstances, federal income tax, state income tax, and self-employment tax may apply.</span>

<span style="font-weight: 400;">For student-athletes receiving income without tax withholding, estimated tax payments may also be necessary during the year.</span>

<span style="font-weight: 400;">Failing to make sufficient payments when required can result in additional tax liabilities and potential penalties.</span>

<span style="font-weight: 400;">State tax obligations deserve particular attention.</span>

<span style="font-weight: 400;">An athlete living in Maryland, attending college in another state, and earning income through promotional appearances in different locations may need to evaluate whether multiple state tax rules apply.</span>

<span style="font-weight: 400;">The answer depends on factors such as residency, where services are performed, and the applicable state laws.</span>

<span style="font-weight: 400;">The IRS specifically advises athletes to track the locations where they perform NIL-related services because income earned in different states may create additional filing obligations.</span>

<span style="font-weight: 400;">Rather than assuming that a single tax return or filing method will address every obligation, athletes should seek guidance based on their actual sources of income and activities.</span>

<span style="font-weight: 400;">Understanding these requirements before receiving significant compensation can help families prepare and reduce the risk of unexpected tax problems.</span>
<h2><span style="font-weight: 400;">5. Protecting an Athlete's Reputation and Long-Term Financial Interests</span></h2>
<span style="font-weight: 400;">NIL opportunities create more than immediate earning potential.</span>

<span style="font-weight: 400;">They can help athletes establish business relationships, develop professional skills, and build a recognizable personal brand.</span>

<span style="font-weight: 400;">However, protecting that reputation requires careful decisions.</span>

<span style="font-weight: 400;">An athlete who promotes a product becomes publicly associated with that company. The relationship may affect future endorsement opportunities, particularly when exclusivity provisions are involved.</span>

<span style="font-weight: 400;">Athletes making sponsored endorsements must also consider advertising disclosure requirements.</span>

<span style="font-weight: 400;">The Federal Trade Commission requires disclosure of material relationships between endorsers and brands when those relationships are not otherwise clear to consumers.</span>

<span style="font-weight: 400;">These relationships can include payments, free merchandise, or other benefits.</span>

<span style="font-weight: 400;">For sponsored social media content, disclosures should be clear and difficult to miss. Relying exclusively on a brand tag or a disclosure hidden among hashtags may be insufficient.</span>

<span style="font-weight: 400;">There are also broader financial questions worth discussing.</span>

<span style="font-weight: 400;">Should an athlete establish a separate business entity? What records should be maintained? How should earnings be managed when income is irregular? What happens when an agreement expires or an athletic career changes direction?</span>

<span style="font-weight: 400;">There is no single business or tax structure appropriate for every NIL athlete.</span>

<span style="font-weight: 400;">An LLC, for example, does not automatically eliminate personal tax obligations or guarantee tax savings. Whether forming an entity makes sense depends on the nature, scale, and circumstances of the athlete's business activities.</span>

<span style="font-weight: 400;">Thoughtful planning helps athletes and their families approach these decisions based on their actual needs rather than assumptions.</span>
<h2><span style="font-weight: 400;">6. The Role of Parents, Coaches, and NIL Professionals</span></h2>
<span style="font-weight: 400;">Student-athletes should not have to navigate increasingly complex business arrangements without appropriate support.</span>

<b>Parents and guardians</b><span style="font-weight: 400;"> can help younger athletes evaluate opportunities, identify contractual risks, and establish financial habits. When an athlete is a minor, applicable state laws concerning contracts and parental involvement may introduce additional considerations.</span>

<b>Coaches and athletic program personnel</b><span style="font-weight: 400;"> can encourage athletes to use their institution's compliance resources and seek qualified professional guidance. Coaches should also be mindful of applicable institutional policies and avoid assuming that every proposed arrangement satisfies NIL requirements.</span>

<b>Agents, NIL service providers, and marketing professionals</b><span style="font-weight: 400;"> can help athletes identify opportunities, negotiate business terms, and manage partnerships. Their services should be accompanied by clear agreements defining their responsibilities, compensation, and relationship with the athlete.</span>

<b>Legal and tax professionals</b><span style="font-weight: 400;"> can provide guidance concerning contract obligations, applicable laws, income reporting, tax planning, and the potential financial implications of NIL activities.</span>

<span style="font-weight: 400;">Together, these professionals can help athletes make more informed decisions while keeping their athletic and academic responsibilities in perspective.</span>
<h2><span style="font-weight: 400;">7. Before You Sign, Think Beyond the Initial Offer</span></h2>
<span style="font-weight: 400;">A valuable NIL opportunity is not measured solely by the number written in a contract.</span>

<span style="font-weight: 400;">An athlete who receives a substantial payment but overlooks tax obligations, agrees to unnecessarily restrictive terms, or fails to understand licensing rights may discover that the agreement carries consequences beyond the initial compensation.</span>

<span style="font-weight: 400;">On the other hand, an athlete who understands the contract, follows applicable reporting rules, and prepares for potential tax obligations is better positioned to evaluate the opportunity.</span>

<span style="font-weight: 400;">The goal is not to discourage student-athletes from pursuing NIL deals.</span>

<span style="font-weight: 400;">It is to help them participate with a clearer understanding of the legal and financial commitments involved.</span>

<b>The strongest NIL decisions consider today's opportunity alongside tomorrow's responsibilities.</b>

<b>Protect Your NIL Opportunities With Informed Legal and Tax Planning</b>

<span style="font-weight: 400;">At the </span><b>Law Offices of Beverly Winstead, LLC</b><span style="font-weight: 400;">, we understand the importance of evaluating business opportunities with both legal and financial considerations in mind.</span>

<span style="font-weight: 400;">For student-athletes and their families, NIL arrangements can raise important questions about contracts, taxation, income protection, and longer-term planning.</span>

<span style="font-weight: 400;">Whether you are evaluating a proposed agreement, considering the tax implications of NIL compensation, or seeking a better understanding of your responsibilities, obtaining appropriate professional guidance can help you make informed decisions.</span>

<b>Before signing your next NIL agreement, take the time to understand what it means for your rights, your income, and your future.</b>

<span style="font-weight: 400;">Contact the Law Offices of Beverly Winstead to discuss your circumstances and available legal and tax planning options.</span>

<b>Phone:</b><span style="font-weight: 400;"> [nap_phone id="LOCAL-CT-NUMBER-1"]</span><span style="font-weight: 400;">
</span><b>Website:</b> <a href="/" data-wpel-link="internal"><span style="font-weight: 400;">www.lawofficesofbeverlywinstead.com</span></a>

<i><span style="font-weight: 400;">This article is for general informational purposes only. It is not legal or tax advice, and reading it does not create an attorney-client relationship. Attorney advertising.</span></i>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[Selling, Passing It Down, or Stepping Away? How to Start Planning Your Business Succession]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/10/selling-passing-it-down-or-stepping-away-how-to-start-planning-your-business-succession/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254535</id>
            <updated>2026-10-23T15:40:36Z</updated>
            <published>2026-10-23T15:37:28Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[“I’ll just sell the business when I’m ready to retire.” For many business owners, that sounds like an exit plan. But deciding that you eventually want to sell your company is only the beginning. A successful transition can require answering much more practical questions. What is the business worth? Who might buy it? Could it continue operating without you? Are…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/10/selling-passing-it-down-or-stepping-away-how-to-start-planning-your-business-succession/"><![CDATA[<strong>“I’ll just sell the business when I’m ready to retire.”</strong>

<span style="font-weight: 400;">For many business owners, that sounds like an exit plan. But deciding that you eventually want to sell your company is only the beginning.</span>

<span style="font-weight: 400;">A successful transition can require answering much more practical questions. What is the business worth? Who might buy it? Could it continue operating without you? Are there restrictions on transferring your ownership interest? And what happens if illness, incapacity, or another unexpected event forces you to step away earlier than planned?</span>

<span style="font-weight: 400;">Succession planning is about addressing those questions before the transition becomes urgent.</span>
<h2>Start With the Exit You Actually Want</h2>
<span style="font-weight: 400;">Not every business owner wants the same outcome.</span>

<span style="font-weight: 400;">One owner may eventually sell to an outside buyer. Another may want to transition the business to family members. Others may consider arrangements involving existing owners, employees, or another successor.</span>

<span style="font-weight: 400;">The U.S. Small Business Administration (‘SBA”) recommends creating a thorough plan when selling, transferring, or closing a business and notes that the appropriate approach can depend on the business structure and circumstances.¹</span>

<span style="font-weight: 400;">Before getting into legal documents or tax planning, an owner should therefore begin with a bigger question:</span>

<strong>What do I actually want to happen to this business when I am no longer running it?</strong>

<span style="font-weight: 400;">The answer can shape many of the decisions that follow.</span>
<h2>Know What Your Business Is Worth</h2>
<span style="font-weight: 400;">If selling the company is part of the plan, owners should develop a realistic understanding of its value.</span>

<span style="font-weight: 400;">The SBA recommends using business valuation to establish a monetary value before marketing a business to prospective buyers. It identifies common valuation approaches based on income, market comparisons, and assets. It also notes that valuation may need to account for intangible assets such as brand presence, intellectual property, customer information, and projected future revenue.¹ </span>

<span style="font-weight: 400;">There is another reason valuation matters: for some owners, the company represents a substantial portion of their personal wealth.</span>

<span style="font-weight: 400;">An owner who expects a future sale to help fund retirement should have more than an informal estimate of what the company might be worth. A qualified valuation may be appropriate depending on the circumstances.</span>

<span style="font-weight: 400;">Knowing the business's value can provide a stronger foundation for both succession and personal financial planning.</span>
<h2>Make Sure the Business Can Function Without You</h2>
<span style="font-weight: 400;">A business can be successful and still face significant continuity challenges if too much depends on its founder.</span>

<span style="font-weight: 400;">If one person holds the key client relationships, approves every major decision, controls access to important information, and manages most essential operations, an unexpected absence can create problems quickly.</span>

<span style="font-weight: 400;">Succession planning should therefore involve more than deciding who will receive an ownership interest.</span>

<span style="font-weight: 400;">Owners should ask:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Who can make essential decisions?</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Who understands the company's major financial and operational obligations?</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Are important processes documented?</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Who maintains key client, vendor, and professional relationships?</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Could the business continue operating if the owner were unexpectedly unavailable?</span></li>
</ul>
<span style="font-weight: 400;">A company that is less dependent on one individual may be better positioned for continuity, regardless of whether the eventual transition involves a sale, family succession, or another arrangement.</span>
<h2>Review Your Governing Documents</h2>
<span style="font-weight: 400;">Business owners should understand what their existing agreements allow before deciding how ownership will eventually change.</span>

<span style="font-weight: 400;">This is particularly important when a business has multiple owners.</span>

<span style="font-weight: 400;">The Maryland LLC rules discussed in this article apply to LLCs formed in Maryland. An entity formed in another state is governed by that state's law.</span>

<span style="font-weight: 400;">For Maryland LLCs, an operating agreement can establish rules concerning management, assignment of membership interests, and admission of members.² Maryland law also provides that, unless otherwise agreed, an assignment of an interest in an LLC does not by itself make the assignee a member or give that person the rights of a member. An assignee generally becomes a member only through the process the operating agreement provides or with the unanimous consent of the members.³ </span>

<span style="font-weight: 400;">Depending on the business structure, relevant documents may include operating agreements, by-laws, articles of incorporation, shareholder agreements, partnership agreements, buy-sell agreements, or other governing arrangements.</span>

<span style="font-weight: 400;">The question is not simply:</span>

<strong>“Who do I want to take over?”</strong>

<span style="font-weight: 400;">It is also:</span>

<b>“Do my current agreements support the transition I want?”</b>
<h2>Separate Ownership From Leadership</h2>
<span style="font-weight: 400;">The person who benefits economically from the business does not necessarily have to be the person who manages it.</span>

<span style="font-weight: 400;">That distinction can be especially important in family businesses.</span>

<span style="font-weight: 400;">Perhaps several family members should benefit economically from the company, but only one has been actively involved in running it. In another business, experienced management may continue operating the company even though ownership changes.</span>

<span style="font-weight: 400;">Maryland LLC law illustrates this distinction. A membership interest includes both an </span><b>economic interest</b><span style="font-weight: 400;"> and a </span><b>noneconomic interest</b><span style="font-weight: 400;">. Unless otherwise agreed, noneconomic rights include rights to participate in management, vote on company matters, and inspect company records. ⁴ </span>

<span style="font-weight: 400;">A succession plan can therefore address ownership and management separately instead of assuming they must always pass to the same person.</span>
<h2>A Business Sale Can Have Significant Tax Consequences</h2>
<span style="font-weight: 400;">“Selling the business” can mean different things legally and for federal tax purposes.</span>

<span style="font-weight: 400;">When a transaction involves the sale of a business's assets, the IRS explains that the business is generally treated as selling individual assets rather than one single asset. Different types of assets can receive different tax treatment, and gain or loss may need to be determined separately for each asset.⁵ </span>

<span style="font-weight: 400;">For certain transfers of a group of assets constituting a trade or business, federal rules also require the consideration to be allocated among the assets. When the requirements of Internal Revenue Code §1060 apply, the purchaser and seller generally use </span><b>Form 8594, Asset Acquisition Statement</b><span style="font-weight: 400;">, to report the allocation.⁶ </span>

<span style="font-weight: 400;">If an owner instead sells ownership interests in the entity itself, such as stock or LLC or partnership interests, the tax treatment can differ depending on the entity type and the assets it holds.</span>

<span style="font-weight: 400;">The tax treatment of a transaction depends on what is being sold, the business structure, how the transaction is structured, and other facts.</span>

<span style="font-weight: 400;">That is why legal and tax planning can be valuable </span><b>before</b><span style="font-weight: 400;"> the major terms of a sale are finalized rather than after the transaction has already been negotiated.</span>
<h2>Plan for the Exit You Didn't Choose</h2>
<span style="font-weight: 400;">A succession plan should address the transition an owner wants, but it should also consider what happens if events change that timeline.</span>

<span style="font-weight: 400;">Death, incapacity, illness, or other unexpected circumstances can force a transition earlier than anticipated.</span>

<span style="font-weight: 400;">Maryland law provides specific rules for an LLC that has no remaining members. Generally, unless otherwise agreed or an exception under Maryland law applies, a Maryland LLC is dissolved and must commence winding up its affairs once it has had no members for 90 consecutive days. </span>

<span style="font-weight: 400;">The statute also provides mechanisms by which the LLC may continue notwithstanding the absence of members. Within 90 days after there are no remaining members, or within any alternative period provided by the operating agreement, the last remaining member’s successor or assignee may agree in writing to continue the LLC and be admitted as a member, or appoint a designee to serve as a member. A new member may also be admitted in the manner provided by the operating agreement.⁷</span>

<span style="font-weight: 400;">In addition, where the last remaining member ceased to be a member because of death or a judicial determination of incapacity, the member’s personal representative or guardian is generally admitted automatically as a new member, subject to the statutory right to renounce that admission or designate another person within the applicable 90-day period. </span>

<span style="font-weight: 400;">The precise result depends on the facts and the company's governing documents.</span>

<span style="font-weight: 400;">But the broader lesson is much simpler:</span>

<b>Your business should have a plan for an unexpected transition as well as the planned one.</b>

<span style="font-weight: 400;">This is where business succession, continuity, and estate planning can intersect.</span>
<h2>Start Before You're Ready to Leave</h2>
<span style="font-weight: 400;">Succession planning does not mean an owner is preparing to retire tomorrow.</span>

<span style="font-weight: 400;">Starting earlier can provide more time to strengthen management, organize financial and operational information, review governing agreements, obtain an appropriate valuation, prepare potential successors, and address issues that could complicate a future transition.</span>

<span style="font-weight: 400;">The goal is not simply to leave the business.</span>

<span style="font-weight: 400;">It is to determine </span><b>what should happen to the company, its ownership, and the people who depend on it when you eventually step away.</b>

<span style="font-weight: 400;">At the </span><b>Law Offices of Beverly Winstead</b><span style="font-weight: 400;">, we help business owners consider how </span><b>business, estate, tax, and succession planning</b><span style="font-weight: 400;"> work together when preparing for the future of a company.</span>

<span style="font-weight: 400;">Whether you envision selling your business, transitioning it to the next generation, or simply want to make sure the company can continue without you, planning before the transition becomes urgent can provide greater clarity.</span>

<b>Contact the Law Offices of Beverly Winstead to schedule a consultation and begin reviewing your succession plan.</b>

<i><span style="font-weight: 400;">This article is for general informational purposes only. It is not legal or tax advice, and reading it does not create an attorney-client relationship. Attorney advertising.</span></i>
<h2>Sources &amp; Legal References</h2>
<ol>
 	<li><b></b><span style="font-weight: 400;"> U.S. Small Business Administration, </span><i><span style="font-weight: 400;">Manage Your Business – Close or Sell Your Business</span></i><span style="font-weight: 400;">. The SBA discusses business valuation, sales agreements, and ownership transfers. </span><a href="https://www.sba.gov/counseling/manage-your-business/" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">U.S. Small Business Administration guidance</span></a></li>
 	<li><b></b><span style="font-weight: 400;"> Maryland Code, Corporations &amp; Associations § 4A-402, addressing matters that may be covered by a Maryland LLC operating agreement. </span><a href="https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gca&amp;section=4A-402" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland General Assembly § 4A-402</span></a></li>
 	<li><b></b><span style="font-weight: 400;"> Maryland Code, Corporations &amp; Associations § 4A-603, addressing assignment of an economic interest in a Maryland LLC. </span><a href="https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gca&amp;enactments=false&amp;section=4A-603" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland General Assembly § 4A-603</span></a></li>
 	<li><b></b><span style="font-weight: 400;"> Maryland Code, Corporations &amp; Associations § 4A-101, defining economic interests, noneconomic interests, and membership interests. </span><a href="https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gca&amp;enactments=false&amp;section=4A-101" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland General Assembly § 4A-101</span></a></li>
 	<li><b></b><span style="font-weight: 400;"> Internal Revenue Service, </span><i><span style="font-weight: 400;">Sale of a Business</span></i><span style="font-weight: 400;">, addressing federal tax treatment when business assets are sold. </span><a href="https://www.irs.gov/businesses/small-businesses-self-employed/sale-of-a-business" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">IRS – Sale of a Business</span></a></li>
 	<li><b></b><span style="font-weight: 400;"> Internal Revenue Service, </span><i><span style="font-weight: 400;">Instructions for Form 8594</span></i><span style="font-weight: 400;">, explaining when purchasers and sellers must report an asset acquisition under §1060. </span><a href="https://www.irs.gov/instructions/i8594" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">IRS – Instructions for Form 8594</span></a></li>
 	<li><b></b><span style="font-weight: 400;"> Maryland Code, Corporations &amp; Associations § 4A-902, addressing dissolution and continuation when a Maryland LLC has no remaining members. </span><a href="https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gca&amp;enactments=false&amp;section=4A-902" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland General Assembly § 4A-902</span></a></li>
</ol>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[Your Business Is Part of Your Estate: What Business Owners Should Review in Their Estate Plan]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/10/your-business-is-part-of-your-estate-what-business-owners-should-review-in-their-estate-plan/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254519</id>
            <updated>2026-10-12T15:10:16Z</updated>
            <published>2026-10-12T15:10:16Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[For many established business owners, the company is more than a source of income. It may represent years of work, a significant portion of personal wealth, jobs for employees, and a legacy the owner hopes will continue after they step away. Yet estate planning and business planning are sometimes treated as completely separate matters. For a business owner, they often…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/10/your-business-is-part-of-your-estate-what-business-owners-should-review-in-their-estate-plan/"><![CDATA[<span style="font-weight: 400;">For many established business owners, the company is more than a source of income. It may represent years of work, a significant portion of personal wealth, jobs for employees, and a legacy the owner hopes will continue after they step away.</span>

<span style="font-weight: 400;">Yet estate planning and business planning are sometimes treated as completely separate matters.</span>

<span style="font-weight: 400;">For a business owner, they often need to work together.</span>

<span style="font-weight: 400;">A business interest can form part of an owner's estate. For federal estate-tax purposes, the IRS includes business interests among the types of property that may be included in the gross estate.¹ But identifying the business as an asset is only the beginning.</span>

<span style="font-weight: 400;">Business owners should also consider what happens to their ownership interest at death, who can act if they become incapacitated, whether existing business agreements support their estate-planning intentions, and how the company would continue through a transition.</span>

<span style="font-weight: 400;">A useful question to start with is:</span>

<b>If something happened to me, would my estate documents and my business documents work together?</b>
<h2>Start With Your Ownership and Business Agreements</h2>
<span style="font-weight: 400;">The legal structure of the business matters.</span>

<span style="font-weight: 400;">An owner might hold shares in a corporation, a membership interest in an LLC, or an interest in a partnership. The documents governing the business may contain rules about transfers, management, admission of new owners, and what happens when an owner dies or leaves the company.</span>

<span style="font-weight: 400;">For example, Maryland law permits an LLC operating agreement to address management, assignments of membership interests, admission of members, and other rights and responsibilities.²</span>

<span style="font-weight: 400;">That means a will or trust should not be reviewed in isolation from relevant business documents.</span>

<span style="font-weight: 400;">Depending on the company, those documents may include an operating agreement, shareholder agreement, partnership agreement, or buy-sell agreement.</span>

<span style="font-weight: 400;">The goal is simple: </span><b>make sure the estate plan and business agreements support the same intended outcome.</b>
<h2>Plan for Incapacity, Not Just Death</h2>
<span style="font-weight: 400;">Estate planning is not only about what happens after someone dies.</span>

<span style="font-weight: 400;">The Maryland Judiciary explains that life and estate planning can address circumstances in which a person becomes unable to make decisions and identifies documents such as wills, powers of attorney, and advance directives as part of that planning.³</span>

<span style="font-weight: 400;">For a business owner, incapacity can quickly become an operational issue.</span>

<span style="font-weight: 400;">Who can handle necessary financial matters? Who can make important decisions? Who has access to essential information? Can someone else exercise authority that has historically rested with the owner?</span>

<span style="font-weight: 400;">A power of attorney can provide an agent with authority over specified financial or business matters, but it should be considered alongside the company's governing documents and other applicable arrangements.³</span>

<span style="font-weight: 400;">The practical question is:</span>

<b>If you were unexpectedly unavailable tomorrow, could the appropriate people keep essential matters moving?</b>
<h2>Inheriting Value Does Not Always Mean Inheriting Control</h2>
<span style="font-weight: 400;">For owners of closely held companies, another important issue is the difference between receiving the economic value of a business interest and receiving the right to manage the company.</span>

<span style="font-weight: 400;">Maryland LLC law, for example, distinguishes between economic and noneconomic interests. Noneconomic rights can include rights relating to management and voting.⁴ Maryland law also contains specific rules governing when an assignee of an economic interest may become a member of an LLC. Unless the operating agreement provides otherwise, assigning all of a member's economic interest also ends that person's membership and forfeits the noneconomic interest. ⁵</span>

<span style="font-weight: 400;">That distinction matters.</span>

<span style="font-weight: 400;">An owner may want children to benefit financially from the business without managing it. One child may already work in the company while another has no involvement. In a multi-owner business, the other owners may also have rights under existing agreements.</span>

<span style="font-weight: 400;">Estate and succession planning can help address these issues before a transition occurs.</span>
<h2>Decide Who Should Own the Business and Who Should Lead It</h2>
<span style="font-weight: 400;">Ownership succession and management succession are not necessarily the same thing.</span>

<span style="font-weight: 400;">The person who should benefit from the value of a business may not be the person best positioned to operate it.</span>

<span style="font-weight: 400;">Business owners should consider:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Who should receive my business interest?</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Who should have management authority?</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Do my business agreements support that transition?</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">What rights do other owners have?</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">What happens if my intended successor cannot or does not want to take over?</span></li>
</ul>
<span style="font-weight: 400;">Single-member LLC owners should pay particular attention to continuity. Maryland law contains specific provisions concerning what may happen when an LLC has no remaining members, making the governing documents and succession arrangements particularly important.⁶</span>

<span style="font-weight: 400;">Rather than assuming that a spouse, child, or colleague will simply “take over,” owners should determine what their documents and applicable law actually provide.</span>
<h2>Understand the Business's Value</h2>
<span style="font-weight: 400;">For some owners, the business is one of their largest assets.</span>

<span style="font-weight: 400;">Understanding its value can therefore be important when considering estate, tax, and succession planning. For federal estate-tax purposes, business interests may be included in the gross estate and are generally valued under federal valuation rules.¹</span>

<span style="font-weight: 400;">Not every estate will owe federal estate tax. For individuals dying in </span><b>2026, the federal basic exclusion amount is $15 million</b><span style="font-weight: 400;">, although additional rules apply in determining estate-tax filing requirements and liability.⁷</span>

<span style="font-weight: 400;">Maryland also has its own estate tax and an inheritance tax on certain transfers, and the Maryland estate tax exemption ($5 Million) is much lower than the federal exclusion. A Maryland estate can therefore owe state tax even when no federal estate tax is due.</span>

<span style="font-weight: 400;">Tax thresholds should not, however, become the sole focus of planning. The appropriate strategy can depend on the owner's assets, business structure, previous transfers, family circumstances, and long-term objectives.</span>
<h2>Don't Forget Business Continuity</h2>
<span style="font-weight: 400;">Estate planning addresses what happens to an owner's assets and authority. Business continuity asks another important question:</span>

<b>What happens to the company while the transition is taking place?</b>

<span style="font-weight: 400;">Employees may still need direction. Clients may still require service. Financial obligations still need attention. Important information must remain accessible to the appropriate people.</span>

<span style="font-weight: 400;">A business owner should consider where critical records are kept, who has appropriate access, how essential responsibilities are delegated, and whether the company depends too heavily on one person's knowledge or authority.</span>

<span style="font-weight: 400;">If an estate operates a business following an owner's death, federal tax and administrative requirements may also arise.⁸</span>

<span style="font-weight: 400;">A successful company should not have to begin figuring out these issues for the first time during a crisis.</span>
<h2>Review Your Plan as Your Business Changes</h2>
<span style="font-weight: 400;">An estate plan created when a company was small may no longer reflect the needs of an established business years later.</span>

<span style="font-weight: 400;">The company's value may have changed. New owners may have joined. Family members may now work in the business. The owner may have acquired additional assets or developed different plans for retirement and succession.</span>

<span style="font-weight: 400;">A review does not necessarily mean every document needs to be replaced.</span>

<span style="font-weight: 400;">It means making sure the existing plan still reflects </span><b>what you own, how your business operates, and what you want to happen next.</b>
<h2>Your Business, Estate and Tax Planning Should Work Together</h2>
<span style="font-weight: 400;">For an established business owner, estate planning is about more than preparing a will.</span>

<span style="font-weight: 400;">The business is an asset, but it is also an operating organization with employees, obligations, management responsibilities, and potentially other owners.</span>

<span style="font-weight: 400;">That makes two questions particularly important:</span>

<b>What happens to your interest in the business?</b>

<b>And what happens to the business itself?</b>

<span style="font-weight: 400;">At the </span><b>Law Offices of Beverly Winstead</b><span style="font-weight: 400;">, we help business owners consider how business, estate, tax, and succession planning intersect so that the different parts of their plan can work together.</span>

<span style="font-weight: 400;">If your business has grown or changed since your estate plan was created, it may be time to determine whether your planning has kept pace.</span>
<h2>Contact the Law Offices of Beverly Winstead to schedule a consultation.</h2>
<i><span style="font-weight: 400;">This article is for general informational purposes only. It is not legal or tax advice, and reading it does not create an attorney-client relationship. Attorney advertising.</span></i>

<b>Sources &amp; Legal References</b>
<ol>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Internal Revenue Service, </span><i><span style="font-weight: 400;">Estate Tax</span></i><span style="font-weight: 400;">. </span><a href="https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">IRS Estate Tax guidance</span></a><span style="font-weight: 400;"> </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Maryland Code, Corporations &amp; Associations § 4A-402. </span><a href="https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gca&amp;section=4A-402" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland General Assembly § 4A-402</span></a><span style="font-weight: 400;"> </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Maryland Judiciary, </span><i><span style="font-weight: 400;">Life Planning &amp; Power of Attorney</span></i><span style="font-weight: 400;">. </span><a href="https://www.mdcourts.gov/legalhelp/lifeplanning" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland Courts guidance</span></a><span style="font-weight: 400;"> </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Maryland Code, Corporations &amp; Associations § 4A-101. </span><a href="https://mgaleg.maryland.gov/2026RS/Statute_Web/gca/4A-101.pdf" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland LLC definitions</span></a><span style="font-weight: 400;"> </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Maryland Code, Corporations &amp; Associations § 4A-604 and 4A-606. </span><a href="https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gca&amp;section=4A-604&amp;enactments=False&amp;archived=False" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland General Assembly § 4A-604; </span></a><a href="https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gca&amp;section=4A-606" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland General Assembly § 4A-606</span></a><a href="https://protect.checkpoint.com/v2/r01/___https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gca&amp;section=4A-604&amp;enactments=False&amp;archived=False___.YzJ1OndlYm1kOmM6Z29vZ2xlX21haWxfYXR0YWNobWVudDphNTAzZWYwZDllMTkyMjg4NTA5NzRhMzRhNDg4YzZlMjo3OjJkOTU6MDE4ZjkzOTQzYmMwYTMxOGIwODcxNzZhYjk5ZGM4MmM1NWRiNTNiNjc1N2UwZDk3ZmY3NGZkN2M3NmQ0OWZhZjpwOlQ6Rg" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400;"> </span></a></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Maryland Code, Corporations &amp; Associations § 4A-902. </span><a href="https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gca&amp;section=4A-902" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Maryland General Assembly § 4A-902</span></a><span style="font-weight: 400;"> </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Internal Revenue Service, </span><i><span style="font-weight: 400;">What's New – Estate and Gift Tax</span></i><span style="font-weight: 400;">. </span><a href="https://www.irs.gov/businesses/small-businesses-self-employed/whats-new-estate-and-gift-tax" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">IRS 2026 estate and gift tax information</span></a><span style="font-weight: 400;"> </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Internal Revenue Service, </span><i><span style="font-weight: 400;">Responsibilities of an Estate Administrator</span></i><span style="font-weight: 400;">. </span><a href="https://www.irs.gov/individuals/responsibilities-of-an-estate-administrator" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">IRS estate administrator guidance</span></a></li>
</ol>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[Is Your Business Built to Continue Without You? Succession and Continuity Planning for Established Owners]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/09/is-your-business-built-to-continue-without-you-succession-and-continuity-planning-for-established-owners/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254484</id>
            <updated>2026-09-22T13:53:19Z</updated>
            <published>2026-09-22T13:52:11Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Business owners spend years thinking about growth. They focus on clients, revenue, employees, systems, contracts, and the countless decisions required to build something valuable. What often receives less attention is a very different question: If you could not run your business tomorrow, what would happen next? That question is not only about death. An owner could become temporarily incapacitated, face…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/09/is-your-business-built-to-continue-without-you-succession-and-continuity-planning-for-established-owners/"><![CDATA[<span style="font-weight: 400;">Business owners spend years thinking about growth. They focus on clients, revenue, employees, systems, contracts, and the countless decisions required to build something valuable.</span>

<span style="font-weight: 400;">What often receives less attention is a very different question:</span>

<b>If you could not run your business tomorrow, what would happen next?</b>

<span style="font-weight: 400;">That question is not only about death. An owner could become temporarily incapacitated, face a serious family emergency, decide to retire, receive an unexpected offer to sell, or simply reach a point where stepping away from daily operations makes sense.</span>

<span style="font-weight: 400;">For an established company, succession planning is about more than deciding who may eventually own the business. It is also about making sure the company can continue operating while ownership, leadership, or decision-making authority changes.</span>

<span style="font-weight: 400;">A business can have a succession plan on paper and still be poorly prepared for the day the owner is no longer available.</span>
<h2><span style="font-weight: 400;">Who Has the Authority to Step In?</span></h2>
<span style="font-weight: 400;">Imagine that you cannot work for several weeks.</span>

<span style="font-weight: 400;">Who can make an urgent decision? Who can communicate with employees, advisers, vendors, or financial institutions? Who can sign documents when a signature is required? Who has authority under the company's governing documents to keep operations moving?</span>

<span style="font-weight: 400;">Many owners assume that a spouse, adult child, trusted employee, or business partner will simply step in when needed. Legally, however, authority does not always transfer that easily.</span>

<span style="font-weight: 400;">For a Maryland LLC, the operating agreement can play an important role in establishing how the company is managed, who has authority to act, and how changes in ownership or membership will be handled.</span>

<span style="font-weight: 400;">That is one reason an operating agreement should not be viewed as a document that gets signed when the business is formed and then forgotten.</span>

<span style="font-weight: 400;">The business you operate today may be very different from the one you started years ago.</span>

<span style="font-weight: 400;">Your personal estate-planning documents also matter. A Maryland power of attorney allows you to authorize a trusted person to handle specified financial or business matters on your behalf, including during periods of incapacity if the document is durable. However, a power of attorney terminates at death.</span>

<span style="font-weight: 400;">It also should not be assumed that a personal power of attorney gives an agent every authority that an owner personally held within a separate business entity. The company's operating agreement, corporate documents, partnership or shareholder agreements, contracts, and banking arrangements may impose their own requirements.</span>

<span style="font-weight: 400;">That is why effective continuity planning looks at the owner's personal documents and the company's documents together.</span>
<h2><span style="font-weight: 400;">Ownership and Control Are Not Always the Same Thing</span></h2>
<span style="font-weight: 400;">Business owners also need to distinguish between receiving the financial value of a company and receiving the right to manage it.</span>

<span style="font-weight: 400;">Suppose an owner intends to leave an LLC interest to a spouse or child. It can be tempting to assume that person will automatically step into the owner's exact position.</span>

<span style="font-weight: 400;">That may not happen.</span>

<span style="font-weight: 400;">Under Maryland's default LLC rules, unless the governing arrangements provide otherwise, someone who receives an economic interest in an LLC does not automatically become a member or receive the management and other noneconomic rights associated with membership.</span>

<span style="font-weight: 400;">That distinction can become extremely important in a family business or a company with multiple owners.</span>

<span style="font-weight: 400;">The person an owner wants to benefit financially may not necessarily be the person who should run the business. In some situations, those roles may intentionally belong to different people.</span>

<span style="font-weight: 400;">A thoughtful succession plan should therefore address both questions:</span>

<b>Who should benefit from the business, and who should have authority to manage it?</b>

<span style="font-weight: 400;">The answer should be deliberate rather than something the family and remaining owners have to determine during a crisis.</span>
<h2><span style="font-weight: 400;">Your Estate Plan and Business Documents Should Tell the Same Story</span></h2>
<span style="font-weight: 400;">For a business owner, personal estate planning and business planning often intersect.</span>

<span style="font-weight: 400;">A will or trust may describe how an owner wants an interest in the company to pass. At the same time, an operating agreement, shareholder agreement, partnership agreement, or other business document may contain separate provisions governing transfers, voting rights, management, or the admission of a new owner.</span>

<span style="font-weight: 400;">Problems can arise when these documents were created at different times without being reviewed together.</span>

<span style="font-weight: 400;">For example, perhaps your estate plan was prepared when the company was much smaller. Maybe you have since added another owner or expanded into new locations. Perhaps one of your children is now active in the business—or perhaps your plans have changed and you no longer want family members involved in management.</span>

<span style="font-weight: 400;">Your documents should reflect the company, family, and goals you have today.</span>

<span style="font-weight: 400;">A useful question for an established business owner is:</span>

<b>If my estate plan took effect today, would my business documents allow the transition I actually intend?</b>

<span style="font-weight: 400;">If you are not sure, the documents are worth reviewing together.</span>
<h2><span style="font-weight: 400;">Multi-Owner Businesses Need a Clear Exit Plan</span></h2>
<span style="font-weight: 400;">Succession planning becomes even more important when a business has two or more owners.</span>

<span style="font-weight: 400;">What happens if one owner dies unexpectedly? What if someone wants to retire? What if one owner wants to sell while the others want to continue operating the company? What happens if an ownership interest passes to someone the remaining owners never expected to be involved?</span>

<span style="font-weight: 400;">Business agreements can address many of these issues in advance.</span>

<span style="font-weight: 400;">Depending on the company, the governing documents or a separate buy-sell agreement may address transfers of ownership, purchase rights, triggering events, valuation procedures, or what happens when an owner leaves the company.</span>

<span style="font-weight: 400;">But having an agreement is not enough if the agreement no longer reflects reality.</span>

<span style="font-weight: 400;">A document drafted when two founders launched a small company may no longer be appropriate years later when the business has employees, valuable contracts, significant assets, or a substantially different value.</span>

<span style="font-weight: 400;">As the business changes, its ownership and succession documents should be reviewed as well.</span>
<h2><span style="font-weight: 400;">Think About Taxes Before the Ownership Transfer</span></h2>
<span style="font-weight: 400;">Business succession also has a tax component.</span>

<span style="font-weight: 400;">Selling a company, transferring ownership during life, passing an interest at death, or restructuring ownership can produce different tax consequences. There is no single tax treatment that applies to every transfer.</span>

<span style="font-weight: 400;">Even a “sale of the business” can be structured in different ways.</span>

<span style="font-weight: 400;">For example, when a business is sold through a lump-sum sale of its assets, the purchase price generally must be allocated among the assets being transferred, and different assets can receive different tax treatment. A sale of stock or another ownership interest can be treated differently.</span>

<span style="font-weight: 400;">That is one reason the structure of a transaction should be reviewed before an agreement is finalized whenever possible.</span>

<span style="font-weight: 400;">S corporations create another consideration. Federal tax law limits who may qualify as an S corporation shareholder. Individuals, estates, and certain trusts may qualify, while partnerships, corporations, and nonresident alien shareholders generally are not permitted.</span>

<span style="font-weight: 400;">An estate plan involving S corporation shares therefore needs to account for those requirements so that a planned transfer does not unintentionally create a problem for the company's tax status.</span>

<span style="font-weight: 400;">There is no universal succession strategy that works for every business. The appropriate approach depends on the entity, owners, objectives, governing documents, and tax circumstances.</span>

<span style="font-weight: 400;">The important part is having the tax conversation before the ownership transfer rather than after it has already happened.</span>
<h2><span style="font-weight: 400;">Continuity Has to Work Outside the Legal Documents</span></h2>
<span style="font-weight: 400;">Legal planning is essential, but continuity is also operational.</span>

<span style="font-weight: 400;">Imagine again that you could not come into the office tomorrow.</span>

<span style="font-weight: 400;">Would someone know how payroll is approved? Could the appropriate people access critical business systems? Does someone know where important contracts and insurance records are located? Who manages your most important client relationships? Would employees know who has decision-making authority? Does someone know how to reach the company's attorney, accountant, banker, and other important advisers?</span>

<span style="font-weight: 400;">A company can have a carefully prepared long-term succession plan and still experience significant disruption if every important relationship, decision, system, and piece of information depends on one person.</span>

<span style="font-weight: 400;">For established businesses, continuity planning should therefore consider both the immediate operational transition and the eventual ownership transition.</span>

<b>The Plan Should Grow With the Business</b>

<span style="font-weight: 400;">Succession planning is rarely something that should be completed once and ignored forever.</span>

<span style="font-weight: 400;">Businesses evolve. So do owners and families.</span>

<span style="font-weight: 400;">You may add partners, senior employees, property, intellectual property, locations, new services, or new revenue streams. The company's value may change significantly. Your personal goals may change too.</span>

<span style="font-weight: 400;">A succession plan created years ago may no longer protect the business you operate today.</span>

<span style="font-weight: 400;">That makes one question especially valuable:</span>

<b>If something happened to me today, would the documents and systems already in place produce the result I actually want?</b>

<span style="font-weight: 400;">If the answer is unclear, it may be time for a review.</span>
<h2><span style="font-weight: 400;">Protecting What You Built Includes Planning for What Comes Next</span></h2>
<span style="font-weight: 400;">Planning for succession does not mean you are preparing to walk away from your business.</span>

<span style="font-weight: 400;">It means recognizing that a strong company should not depend entirely on one person's permanent availability.</span>

<span style="font-weight: 400;">For an established owner, an effective continuity strategy brings together the company's governing documents, ownership structure, tax considerations, estate plan, and practical operating procedures.</span>

<span style="font-weight: 400;">The goal is not to predict exactly when a transition will happen. It is to make sure that when circumstances do change, the people around you are not forced to figure out your intentions while simultaneously trying to keep the company running.</span>

<b>You spent years building the business. Planning for how it continues is part of protecting what you built.</b>

<span style="font-weight: 400;">The </span><b>Law Offices of Beverly Winstead</b><span style="font-weight: 400;"> works with Maryland business owners on business, tax, and estate-planning matters, helping clients consider how these areas work together as their companies, families, and long-term goals evolve.</span>

<i><span style="font-weight: 400;">This article is provided for general informational purposes only and does not constitute legal or tax advice. The legal and tax implications of business succession, ownership transfers, estate planning, and related tax consequences depend on the business structure, governing documents, ownership arrangements, and individual circumstances.</span></i>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[Year-End Tax Planning for Established Business Owners: What to Review Before Q4]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/09/year-end-tax-planning-for-established-business-owners-what-to-review-before-q4/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254483</id>
            <updated>2026-09-10T17:07:53Z</updated>
            <published>2026-09-10T17:07:34Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[For an established business owner, September is a useful time to look at the year as it actually unfolded, not simply as it was projected in January. By this point, you may have a much clearer picture of revenue, expenses, payroll, major purchases, staffing changes, and other developments that could affect your tax position. That makes the period before Q4…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/09/year-end-tax-planning-for-established-business-owners-what-to-review-before-q4/"><![CDATA[For an established business owner, September is a useful time to look at the year as it actually unfolded, not simply as it was projected in January.

By this point, you may have a much clearer picture of revenue, expenses, payroll, major purchases, staffing changes, and other developments that could affect your tax position. That makes the period before Q4 a practical time to review whether your current tax strategy still reflects the business you are operating today.

Tax planning is different from tax-return preparation. Preparing a return generally reports transactions that have already occurred. Planning gives business owners an opportunity to review their position while there may still be time to make informed business and tax decisions before year-end.

The Law Offices of Beverly Winstead provides tax planning, business law, tax-problem resolution, and estate-planning services, areas that can increasingly overlap as a business grows and ownership becomes more complex.
<h2>Start With Accurate Financial Records</h2>
Before making tax decisions, start with the numbers.

Review year-to-date revenue, business expenses, payroll, owner payments, major purchases, and other significant transactions. If bookkeeping or supporting documentation has fallen behind, addressing that before year-end can make the tax-planning process much more useful.

The IRS requires taxpayers to maintain records that support the income, expenses, credits, and other items reported on their returns. For business assets, records may also need to establish acquisition cost, improvements, depreciation, business use, and the eventual sale or disposition of the asset.

Good records do more than make tax filing easier. They allow an owner and their advisers to work from the actual financial position of the business rather than assumptions made earlier in the year.
<h2>Revisit Estimated Tax Payments</h2>
September 15, 2026 is an important federal estimated-tax date.

Individuals who are required to make estimated tax payments generally have their <strong>third 2026 installment due September 15</strong>. This can include business owners whose income is not fully covered by withholding. Calendar-year corporations that are required to make federal estimated-tax payments also generally have a third installment due September 15.

If business income has changed significantly during the year, it may be worth revisiting the calculation rather than assuming that an earlier projection still reflects the current tax picture.

Maryland taxpayers may also have state estimated-tax obligations depending on their circumstances. Maryland lists September 15 as one of the regular estimated-payment dates for individuals, and Maryland corporations that meet the state's estimated-tax requirements generally make a third estimated payment in the ninth month of the tax year.

Maryland business owners operating through pass-through entities should be particularly careful in 2026. The Comptroller issued specific guidance explaining that legislative changes affect the calculation of <strong>2026 estimated payments for certain pass-through entities</strong>, including entities electing to pay Maryland tax at the entity level. Businesses affected by those rules should use current Maryland guidance rather than automatically relying on prior-year calculations.
<h2>Review Owner Compensation and Worker Classification</h2>
Growth often changes the way a business pays both its owners and its workforce.

For S corporations, owner compensation deserves particular attention. The IRS states that an S corporation must pay reasonable compensation to a shareholder-employee for services performed before treating amounts as non-wage distributions to that shareholder-employee. What qualifies as reasonable compensation depends on the facts, including duties, experience, time devoted to the business, and what comparable businesses pay for similar work.

Worker classification should also be reviewed when roles or working relationships have changed.

A contract calling someone an “independent contractor” does not by itself determine federal employment-tax status. The IRS considers the actual relationship, including behavioral control, financial control, and the type of relationship between the business and worker.

For a growing business, getting these issues right matters because classification can affect payroll taxes, withholding, reporting obligations, and other employer responsibilities.
<h2>Review Major Purchases Before Year-End</h2>
Business owners often hear that they should make purchases before December because something is “tax deductible.”

That is not a sufficient reason to spend money.

The tax treatment of equipment, property, technology, and other business assets depends on the type of asset, how it is used, when it is placed in service, and the taxpayer's particular circumstances. Different rules can apply to deductions and depreciation.

Before making a significant purchase primarily for tax reasons, consider whether the expenditure makes business sense first and then determine how the applicable tax rules affect the decision.

Accurate asset records are especially important because the IRS expects businesses to retain information needed to determine depreciation and any gain or loss when an asset is later disposed of.
<h2>Has the Business Outgrown Its Current Structure?</h2>
Tax planning can also reveal a larger question:

<strong>Does the company's current legal and tax structure still make sense?</strong>

An LLC is a state-law entity, but its federal income-tax classification can differ depending on the number of owners and elections made. An LLC may be treated for federal income-tax purposes as a disregarded entity, partnership, or corporation.

That does not mean an established business should change its structure simply to pursue a particular tax result.

Changing entity classification or ownership can carry legal and tax consequences of its own. Structure should therefore be reviewed in the context of the owner's broader goals, operations, liability concerns, compensation, ownership arrangements, and succession plans.

Beverly's firm specifically provides assistance with business setup, business tax planning, and business contracts in addition to its tax-planning practice.
<h2>Do Not Wait Until Late December to Discuss Retirement Planning</h2>
If establishing a retirement plan is part of the company's year-end strategy, timing can matter.

Different types of retirement plans operate under different rules and deadlines. For example, an employer that did not previously maintain a SIMPLE IRA generally may establish one effective between January 1 and <strong>October 1</strong>. Special rules apply in certain situations, including newly created employers.

Because plan requirements vary, owners considering a new retirement arrangement should discuss the available options with the appropriate tax and retirement-plan professionals rather than assuming every plan can be created at year-end.
<h2>Year-End Planning Is About More Than Finding Another Deduction</h2>
For an established owner, tax planning should not be reduced to a December search for deductions.

A more useful pre-Q4 review asks whether:

your financial records are current, estimated payments still reflect current income, owner compensation and worker classification are being handled appropriately, major purchases have been evaluated before they are made, and the company's legal and tax structure still supports where the business is going.

As businesses grow, these questions can also begin to overlap with succession and estate planning. Ownership transfers, future sales, incapacity, retirement, and the eventual transition of the company may all involve both legal and tax considerations.

That is why September can be such a useful checkpoint.

<strong>The goal is not to make a last-minute tax move. It is to enter Q4 with a clearer picture of where the business stands and enough time to make informed decisions before the year closes.</strong>

The <strong>Law Offices of Beverly Winstead</strong> assists Maryland clients with tax planning and analysis, prior-year tax review, business tax planning, business contracts, tax controversies, and estate planning.

<em>This article is for general informational purposes only and does not constitute legal or tax advice. Tax and legal consequences depend on the specific facts and circumstances of each business and owner.</em>

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[How Black-Owned Businesses Can Build, Protect, and Transfer Generational Wealth]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/08/how-black-owned-businesses-can-build-protect-and-transfer-generational-wealth/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254482</id>
            <updated>2026-08-19T06:33:46Z</updated>
            <published>2026-08-19T06:33:46Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Building a successful business can create income, independence, jobs, and opportunity. But for many Black business owners, success is about more than what the company earns today. It is also about what the business may provide for children, grandchildren, employees, and the wider community in the future. That is where generational wealth planning comes in. A profitable company can become…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/08/how-black-owned-businesses-can-build-protect-and-transfer-generational-wealth/"><![CDATA[<p><span style="font-weight: 400;">Building a successful business can create income, independence, jobs, and opportunity. But for many Black business owners, success is about more than what the company earns today. It is also about what the business may provide for children, grandchildren, employees, and the wider community in the future.</span></p>
<p><span style="font-weight: 400;">That is where </span><strong>generational wealth planning</strong><span style="font-weight: 400;"> comes in.</span></p>
<p><span style="font-weight: 400;">A profitable company can become one of a family&rsquo;s most valuable assets, but wealth does not automatically transfer successfully from one generation to the next. The business must be structured, managed, protected, and eventually transferred with intention.</span></p>
<p><span style="font-weight: 400;">For Black-owned businesses in Maryland, that means looking beyond revenue and asking a bigger question:</span></p>
<p><strong>How can the business continue creating value even after the founder is no longer running it?</strong></p>
<p><span style="font-weight: 400;">The answer may involve business structure, tax planning, retirement strategy, succession planning, valuation, and estate planning working together.</span></p>
<h2><span style="font-weight: 400;">Start With the Right Business Structure</span></h2>
<p><span style="font-weight: 400;">One of the first building blocks of long-term business planning is choosing an appropriate legal structure.</span></p>
<p><span style="font-weight: 400;">The IRS recognizes common business forms including sole proprietorships, partnerships, corporations, S corporations, and limited liability companies. The structure of a business can affect which federal income tax return must be filed and how the owners are taxed.&nbsp;</span></p>
<p><span style="font-weight: 400;">Maryland also emphasizes that business structure affects ownership and management, filing requirements, tax forms, and the level of personal risk associated with the business.&nbsp;</span></p>
<p><span style="font-weight: 400;">A structure that made sense when an entrepreneur first launched may not necessarily remain the best fit after the company grows.</span></p>
<p><span style="font-weight: 400;">A sole proprietorship, for example, may be simple to operate, but the owner is personally responsible for the business&rsquo;s debts and losses. Maryland describes an LLC as a structure that can protect its members from personal responsibility for business debts while offering operational flexibility.&nbsp;</span></p>
<p><span style="font-weight: 400;">However, limited liability protection is not absolute, and forming an LLC does not automatically determine how the business will be taxed.</span></p>
<p><span style="font-weight: 400;">For federal income tax purposes, a single-member LLC is generally treated as disregarded from its owner unless it elects corporate treatment. Other LLCs can be classified differently depending on ownership and elections made.&nbsp;</span></p>
<p><span style="font-weight: 400;">So the better question is not simply:</span></p>
<p><strong>&ldquo;Should I have an LLC?&rdquo;</strong></p>
<p><span style="font-weight: 400;">Instead, business owners should ask:</span></p>
<p><strong>&ldquo;Does my current structure support my ownership, tax, risk-management, and long-term succession goals?&rdquo;</strong></p>
<p><span style="font-weight: 400;">As a business grows, the answer may change.</span></p>
<h2><span style="font-weight: 400;">Use Tax Planning as Part of the Growth Strategy</span></h2>
<p><span style="font-weight: 400;">Building wealth is not only about increasing revenue. Business owners also need to understand the tax consequences of earning income, reinvesting profits, paying owners, hiring employees, purchasing assets, and eventually transferring the company.</span></p>
<p><span style="font-weight: 400;">That is why tax planning should not begin when the tax return is due.</span></p>
<p><span style="font-weight: 400;">It should be part of ongoing business planning.</span></p>
<p><span style="font-weight: 400;">Depending on the type of business, tax planning may include:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">Estimated tax payments&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Payroll and employment taxes&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Owner compensation&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Business deductions&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Retirement contributions&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Major equipment or property purchases&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Ownership changes&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Business sales or transfers&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">Compensation planning is particularly important for certain corporations.</span></p>
<p><span style="font-weight: 400;">The IRS states that corporate officers are generally employees and that wages paid to an officer should generally reflect the services they perform. The IRS may adjust returns when compensation is unreasonably low.&nbsp;</span></p>
<p><span style="font-weight: 400;">For S corporations specifically, paying an owner through distributions is not a substitute for reasonable compensation when the shareholder performs services for the corporation.</span></p>
<p><span style="font-weight: 400;">Tax planning should therefore focus on complying with applicable rules while understanding the consequences of decisions before they are made.</span></p>
<p><span style="font-weight: 400;">The goal is not to chase tax &ldquo;shortcuts.&rdquo; It is to make informed decisions that support the business&rsquo;s broader financial strategy.</span></p>
<h2><span style="font-weight: 400;">Keep Business and Personal Finances Organized</span></h2>
<p><span style="font-weight: 400;">As a company grows, good financial records become increasingly important.</span></p>
<p><span style="font-weight: 400;">Business owners should maintain records that clearly document business income, expenses, transactions, assets, and liabilities.</span></p>
<p><span style="font-weight: 400;">Strong financial records help owners understand whether the company is truly building value.</span></p>
<p><span style="font-weight: 400;">They can also support:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">Accurate tax reporting&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Legitimate business deductions&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Cash-flow planning&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Loan applications&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Business valuation&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Investment decisions&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Ownership transitions&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Potential sales of the company&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">Clear records become particularly important when preparing a business for another owner.</span></p>
<p><span style="font-weight: 400;">A successor, buyer, lender, or professional valuator needs to understand what the business owns, what it owes, how much it earns, and how consistently it performs.</span></p>
<p><span style="font-weight: 400;">The easier it is to understand the company financially, the easier it may be to make informed decisions about its future.</span></p>
<h2><span style="font-weight: 400;">Build Wealth Outside the Business Too</span></h2>
<p><span style="font-weight: 400;">Entrepreneurs often reinvest heavily in their companies.</span></p>
<p><span style="font-weight: 400;">That may help a business grow, but it can also create a situation where a large portion of the owner&rsquo;s wealth is concentrated in one asset: the company itself.</span></p>
<p><span style="font-weight: 400;">Retirement planning can help diversify the owner's long-term financial resources.</span></p>
<p><span style="font-weight: 400;">The IRS recognizes several retirement-plan options that may be available to small businesses and self-employed individuals, including:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">SEP plans&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">SIMPLE IRA plans&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">401(k) plans&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Profit-sharing plans&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Defined benefit plans&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">A SEP can be established by a business of any size, including a self-employed individual.&nbsp;</span></p>
<p><span style="font-weight: 400;">A 401(k) allows employee salary deferrals and may also allow employer contributions, while profit-sharing and defined benefit plans operate under different rules and funding structures.&nbsp;</span></p>
<p><span style="font-weight: 400;">The right option depends on factors such as the size of the business, number of employees, compensation, desired contribution levels, administrative responsibilities, and the owner's retirement goals.</span></p>
<p><span style="font-weight: 400;">For 2026, for example, the maximum employer contribution to a SEP is generally limited to the lesser of 25% of eligible compensation or $72,000, subject to the plan rules and applicable compensation limits.&nbsp;</span></p>
<p><span style="font-weight: 400;">Business owners should evaluate retirement planning as part of an overall wealth strategy rather than assuming that selling the company one day will provide everything they need.</span></p>
<h2><span style="font-weight: 400;">Create a Succession Plan Before It Becomes an Emergency</span></h2>
<p><span style="font-weight: 400;">Many small and family-owned businesses depend heavily on the founder.</span></p>
<p><span style="font-weight: 400;">The founder may maintain the key client relationships, approve financial decisions, manage employees, negotiate contracts, and hold much of the institutional knowledge.</span></p>
<p><span style="font-weight: 400;">That creates a vulnerability.</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">What happens if the founder unexpectedly becomes ill?</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Who can sign documents?</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Who manages the employees?</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Who owns the business after the founder dies?</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">What if two family members believe they should be in charge?</span></li>
</ul>
<p><span style="font-weight: 400;">Succession planning is designed to answer those questions before a crisis occurs.</span></p>
<p><span style="font-weight: 400;">A thoughtful </span><strong>business succession plan</strong><span style="font-weight: 400;"> may address:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">Who will manage the company&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Who will eventually own it&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Whether ownership will remain in the family&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">How ownership interests may be sold or transferred&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">How departing owners will be compensated&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">How the company will be valued&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">What happens after death or disability&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Whether key employees have a role in the transition&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">How disputes among owners or heirs may be handled&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">For Black-owned family businesses, succession planning can be particularly meaningful when the goal is to preserve a business that represents years or even generations of work.</span></p>
<p><span style="font-weight: 400;">However, transferring ownership is only one part of succession.</span></p>
<p><span style="font-weight: 400;">Future leaders also need preparation.</span></p>
<p><span style="font-weight: 400;">A child or relative who receives ownership without understanding the company&rsquo;s finances, customers, obligations, and operations may not be positioned to protect what was built.</span></p>
<p><span style="font-weight: 400;">A sustainable succession plan transfers both </span><strong>ownership and knowledge</strong><span style="font-weight: 400;">.</span></p>
<h2><span style="font-weight: 400;">Understand the Tax Consequences Before Transferring Ownership</span></h2>
<p><span style="font-weight: 400;">A business can be transferred in several ways.</span></p>
<p><span style="font-weight: 400;">An owner might:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">Sell to an outside buyer&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Sell to another owner&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Transfer ownership to family members&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Gift business interests during life&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Transfer ownership through an estate&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Use a trust or other planning arrangement&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">These options can produce very different legal and tax consequences.</span></p>
<p><span style="font-weight: 400;">For example, when an entire business is sold, the IRS generally does not treat the transaction as the sale of one single asset. Instead, the individual business assets are generally treated separately for purposes of calculating gain or loss.&nbsp;</span></p>
<p><span style="font-weight: 400;">Inventory, depreciable property, real estate, goodwill, and other assets may receive different tax treatment.</span></p>
<p><span style="font-weight: 400;">The allocation of the purchase price can therefore matter significantly to both the seller and the buyer.</span></p>
<p><span style="font-weight: 400;">Business owners considering a sale should understand the potential tax consequences before agreeing to a transaction structure.</span></p>
<h2><span style="font-weight: 400;">Be Careful When Gifting Business Interests</span></h2>
<p><span style="font-weight: 400;">Some business owners want to transfer part of the company to children or other family members during their lifetime.</span></p>
<p><span style="font-weight: 400;">That can be part of a broader succession strategy, but the gift-tax rules should be considered first.</span></p>
<p><span style="font-weight: 400;">For calendar year 2026, the federal annual gift-tax exclusion is </span><strong>$19,000 per recipient</strong><span style="font-weight: 400;"> for qualifying present-interest gifts.&nbsp;</span></p>
<p><span style="font-weight: 400;">The federal basic exclusion amount for estate and gift tax is </span><strong>$15 million for 2026</strong><span style="font-weight: 400;">.&nbsp;</span></p>
<p><span style="font-weight: 400;">A gift above the annual exclusion does not necessarily mean that gift tax must immediately be paid.</span></p>
<p><span style="font-weight: 400;">However, depending on the facts, it may require the donor to file Form 709 and may use part of the donor's available lifetime basic exclusion after accounting for applicable exclusions and deductions.&nbsp;</span></p>
<p><span style="font-weight: 400;">This is particularly important when gifting ownership interests in a valuable closely held business.</span></p>
<p><span style="font-weight: 400;">The value assigned to those interests matters.</span></p>
<p><span style="font-weight: 400;">Significant transfers should therefore be carefully documented and, when appropriate, supported by a qualified valuation.</span></p>
<h2><span style="font-weight: 400;">Maryland Estate Tax Can Matter Before Federal Estate Tax Does</span></h2>
<p><span style="font-weight: 400;">Maryland business owners also need to consider state-level estate taxation.</span></p>
<p><span style="font-weight: 400;">For deaths occurring in </span><strong>2019 and later, Maryland's estate-tax filing threshold is $5 million</strong><span style="font-weight: 400;">.&nbsp;</span></p>
<p><span style="font-weight: 400;">By comparison, the federal basic exclusion amount for individuals dying in 2026 is </span><strong>$15 million</strong><span style="font-weight: 400;">.&nbsp;</span></p>
<p><span style="font-weight: 400;">That means Maryland estate-tax planning can become relevant at a significantly lower estate value than the federal estate-tax threshold.</span></p>
<p><span style="font-weight: 400;">For successful business owners, this matters because the value of a business interest can contribute substantially to the value of the owner's estate.</span></p>
<p><span style="font-weight: 400;">A business that began modestly but became highly successful may eventually represent millions of dollars in value.</span></p>
<p><span style="font-weight: 400;">Owners should therefore avoid assuming that estate-tax planning is only relevant to extremely wealthy families.</span></p>
<p><span style="font-weight: 400;">For Maryland residents with valuable businesses, real estate, investments, retirement accounts, insurance, and other assets, reviewing the total estate can be important.</span></p>
<h2><span style="font-weight: 400;">Maryland Also Has an Inheritance Tax</span></h2>
<p><span style="font-weight: 400;">Maryland's inheritance tax is separate from its estate tax.</span></p>
<p><span style="font-weight: 400;">For decedents dying on or after July 1, 2000, property passing to certain close relatives is generally exempt from Maryland inheritance tax.</span></p>
<p><span style="font-weight: 400;">Those exempt recipients include, among others:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">Spouses&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Children and other lineal descendants&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Spouses of children or other lineal descendants&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Parents&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Grandparents&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Stepchildren&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Stepparents&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Siblings&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Certain corporations owned by qualifying relatives&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">Property passing to other individuals may be subject to a </span><strong>10% Maryland inheritance tax</strong><span style="font-weight: 400;">.&nbsp;</span></p>
<p><span style="font-weight: 400;">That distinction can become relevant when an owner intends to leave business interests to people outside the immediate family.</span></p>
<p><span style="font-weight: 400;">The appropriate strategy depends on the beneficiary, type of asset, ownership structure, and complete estate plan.</span></p>
<h2><span style="font-weight: 400;">Coordinate the Succession Plan With the Estate Plan</span></h2>
<p><span style="font-weight: 400;">A business succession plan should not operate separately from the owner's estate plan.</span></p>
<p><span style="font-weight: 400;">Business governing documents, buy-sell agreements, trusts, wills, powers of attorney, and other estate-planning documents should be coordinated so they do not produce conflicting outcomes.</span></p>
<p><span style="font-weight: 400;">Consider a family business with three children. One child works in the business full time and has spent years learning how to operate it. The other two have completely different careers. Simply leaving one-third of the business to each child may produce shared ownership between people with very different interests, levels of involvement, and financial goals. That may be exactly what some families want. For others, it may create conflict. The important point is that the result should be intentional.</span></p>
<p><span style="font-weight: 400;">An integrated estate and succession plan may address:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">Who will own the business&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Who will control or manage it&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">What happens to the ownership interest at death&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">How nonparticipating heirs are treated&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">How the business will be valued&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Whether ownership can be sold outside the family&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">What happens if the intended successor does not want the business&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">The estate plan and business documents should support the same overall objective.</span></p>
<h2><span style="font-weight: 400;">Know What the Business Is Worth</span></h2>
<p><span style="font-weight: 400;">Business valuation is another important part of generational wealth planning.</span></p>
<p><span style="font-weight: 400;">Owners often know the company's annual revenue or profit but may not know what the business itself is worth.</span></p>
<p><span style="font-weight: 400;">Those are different numbers.</span></p>
<p><span style="font-weight: 400;">Understanding business value can be useful when planning for:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">A sale&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Retirement&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Ownership transfers&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Gifts&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Estate planning&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Buy-sell agreements&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Insurance needs&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Family succession&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">Valuation becomes particularly important when the business represents a substantial percentage of the owner's estate.</span></p>
<p><span style="font-weight: 400;">Imagine that an owner believes the company is worth $800,000, but a professional valuation shows that its fair market value is several million dollars.</span></p>
<p><span style="font-weight: 400;">That difference could materially change the owner's succession and estate-planning strategy.</span></p>
<p><span style="font-weight: 400;">Valuation should therefore be addressed before a major transaction&mdash;not after one has already occurred.</span></p>
<h2><span style="font-weight: 400;">Prepare the Next Generation to Manage Wealth</span></h2>
<p><span style="font-weight: 400;">Generational wealth is not created simply because an asset passes from parent to child.</span></p>
<p><span style="font-weight: 400;">The next generation also needs the knowledge to manage what they receive.</span></p>
<p><span style="font-weight: 400;">For family businesses, that can mean gradually involving future leaders in:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">Financial reporting&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Operations&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Client relationships&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Strategic planning&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Legal responsibilities&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Tax planning&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Employment decisions&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Long-term investment decisions&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">Some family members may eventually become business operators.</span></p>
<p><span style="font-weight: 400;">Others may become owners without participating in daily management.</span></p>
<p><span style="font-weight: 400;">Those roles should be clearly understood.</span></p>
<p><span style="font-weight: 400;">The goal is not to force the next generation into the family company. It is to create a thoughtful plan for ownership, leadership, and wealth management based on the family's actual circumstances.</span></p>
<p><strong>Start Generational Wealth Planning Before the Transition</strong></p>
<p><span style="font-weight: 400;">One of the most important principles of succession planning is simple:</span></p>
<p><strong>Do not wait until the transition has already begun.</strong></p>
<p><span style="font-weight: 400;">An owner preparing to retire next month has fewer planning opportunities than an owner who starts thinking about succession years in advance.</span></p>
<p><span style="font-weight: 400;">For Black-owned businesses in Maryland, useful questions may include:</span></p>
<ul>
<li style="font-weight: 400;"><strong>Is our business structure still appropriate for our current size and future goals?</strong></li>
<li style="font-weight: 400;"><strong>Are our financial records organized enough to demonstrate the company's value?</strong></li>
<li style="font-weight: 400;"><strong>Are we planning for taxes before major transactions occur?</strong></li>
<li style="font-weight: 400;"><strong>Have we built retirement assets outside the business?</strong></li>
<li style="font-weight: 400;"><strong>Who could manage the company if the founder became unavailable tomorrow?</strong></li>
<li style="font-weight: 400;"><strong>Who should ultimately own the business?</strong></li>
<li style="font-weight: 400;"><strong>Have future owners or leaders been prepared for their roles?</strong></li>
<li style="font-weight: 400;"><strong>Do our estate-planning documents and business agreements support the same outcome?</strong></li>
<li style="font-weight: 400;"><strong>Could Maryland estate tax affect the family even if federal estate tax does not?</strong></li>
</ul>
<p><span style="font-weight: 400;">The answers to these questions can evolve as the company grows.</span></p>
<p><span style="font-weight: 400;">That is why business succession and estate planning should be reviewed periodically instead of treated as a one-time project.</span></p>
<p><strong>Build the Business. Protect the Value. Prepare the Legacy.</strong></p>
<p><span style="font-weight: 400;">A thriving Black-owned business can create far more than current income.</span></p>
<p><span style="font-weight: 400;">It can create employment, fund education, support families, invest in communities, build retirement security, and become an asset that continues creating opportunity long after its founder steps away.</span></p>
<p><span style="font-weight: 400;">But transforming business success into generational wealth requires deliberate planning.</span></p>
<p><span style="font-weight: 400;">For Maryland business owners, that may mean coordinating:</span></p>
<ul>
<li style="font-weight: 400;"><span style="font-weight: 400;">Business structure&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Tax planning&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Financial recordkeeping&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Retirement planning&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Business valuation&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Ownership transfers&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Succession planning&nbsp;</span></li>
<li style="font-weight: 400;"><span style="font-weight: 400;">Estate planning&nbsp;</span></li>
</ul>
<p><span style="font-weight: 400;">The earlier those pieces are considered together, the easier it may be to identify risks and make informed decisions about the future.</span></p>
<p><strong>Building the business is the first step. Protecting its value and preparing the next generation is how that success can become a lasting legacy.</strong></p>
<p><span style="font-weight: 400;">The Law Offices of Beverly Winstead assists Maryland business owners with business, tax, and estate matters that may intersect throughout the life of a company.</span></p>
<p><strong>Contact the Law Offices of Beverly Winstead to discuss a strategy tailored to your business, family, and long-term goals.</strong></p>
<p><em><span style="font-weight: 400;">This article is provided for general informational purposes only and does not constitute legal or tax advice. Federal and Maryland tax laws are subject to change, and the consequences of any business, tax, succession, or estate-planning strategy depend on the specific facts and circumstances.</span></em></p>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[LLC vs. S-Corp in Maryland: Which Business Structure May Save You More on Taxes?]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/07/llc-vs-s-corp-in-maryland-which-business-structure-may-save-you-more-on-taxes/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254457</id>
            <updated>2026-07-27T19:55:23Z</updated>
            <published>2026-07-27T19:54:40Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Choosing the right business structure is one of the most important decisions a Maryland business owner can make. It can affect taxes, payroll, paperwork, liability protection, business growth, and even how easy it is to bring in partners or sell the business later. But one of the most common questions business owners ask is also one of the most misunderstood:…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/07/llc-vs-s-corp-in-maryland-which-business-structure-may-save-you-more-on-taxes/"><![CDATA[Choosing the right business structure is one of the most important decisions a Maryland business owner can make. It can affect taxes, payroll, paperwork, liability protection, business growth, and even how easy it is to bring in partners or sell the business later.

But one of the most common questions business owners ask is also one of the most misunderstood:

“Should I be an LLC or an S-Corp to save money on taxes?”

The answer is not as simple as choosing one label over the other. In fact, LLCs and S-Corps are not always direct opposites. An LLC is a legal business structure created under state law. An S-Corp is a federal tax election. In some cases, a Maryland LLC may choose to be taxed as an S-Corp if it meets the eligibility requirements.

That means the better question is not always “LLC or S-Corp?” The better question is:

“<em>How should my business be structured and taxed based on my income, expenses, payroll needs, and long-term goals?”</em>

For Maryland small business owners, the right answer depends on the facts.
<h2>First, What Is an LLC?</h2>
A limited liability company, or LLC, is a business entity formed under state law. Many small business owners choose LLCs because they can offer liability protection, management flexibility, and relatively simple administration compared to some corporate structures.

For federal tax purposes, however, an LLC does not have one automatic tax identity in every situation. A single-member LLC is generally treated as a disregarded entity by default, meaning the business income is usually reported on the owner’s personal tax return. A multi-member LLC is generally treated as a partnership by default unless it makes a different tax election.

An LLC may also elect to be taxed as a corporation. If it qualifies, it may elect S-Corp tax treatment.

This is why business owners should be careful when comparing an LLC and an S-Corp. In many cases, the question is not whether to “be” an LLC or “be” an S-Corp. The question may be whether an LLC should keep its default tax treatment or elect to be taxed as an S-Corp.
<h2>What Is an S-Corp?</h2>
An S-Corp is not simply a different type of paperwork at the state level. It is a tax election that allows qualifying corporations, and in some cases qualifying LLCs, to pass income, losses, deductions, and credits through to shareholders for federal tax purposes.

With an S-Corp, the business generally does not pay federal income tax in the same way a C-Corporation does. Instead, income and losses pass through to the shareholders, who report them on their personal tax returns. This pass-through treatment can help avoid the classic “double taxation” associated with C-Corporations.

For many small business owners, the S-Corp conversation becomes attractive because of payroll and self-employment tax planning. But this is exactly where careful planning matters.
<h2>The Main Tax Difference: Self-Employment Tax vs. Payroll Tax</h2>
For many default LLC owners, business profit may be subject to income tax and self-employment tax. Self-employment tax generally covers Social Security and Medicare taxes.

With an S-Corp, an owner who works in the business is typically treated as a shareholder-employee. That means the business should pay that owner reasonable compensation for the services they provide. That salary is subject to payroll taxes.

After reasonable wages are paid, remaining profits may be distributed to the shareholder. Those distributions are generally not treated the same way as wages for employment tax purposes.

This is where potential tax savings may arise.

However, this does not mean an owner can simply take little or no salary and classify most income as distributions. The IRS pays attention to reasonable compensation. If a shareholder performs services for the business, compensation should generally reflect the work performed, the role, the industry, the time involved, and the value of the services.

An S-Corp strategy that ignores reasonable compensation can create risk. The tax savings are not about avoiding payroll taxes entirely. They are about properly separating reasonable wages from potential distributions when the facts support it.
<h2>Does an S-Corp Always Save More?</h2>
No. An S-Corp does not automatically save money for every Maryland business owner.

An S-Corp may be worth considering when the business is consistently profitable, the owner is taking money out of the business, and there is enough profit remaining after paying a reasonable salary to justify the extra payroll, tax filing, bookkeeping, and compliance costs.

For a newer business with modest profits, an S-Corp election may create more complexity than benefit. Payroll setup, payroll tax filings, separate business tax returns, accounting support, and reasonable compensation analysis all add administrative responsibilities.

For example, if a business owner’s net profit is still low or inconsistent, the potential employment tax savings may not outweigh the added costs. But if the business has grown and consistently produces income beyond what would be considered reasonable owner compensation, an S-Corp review may make sense.

This is why business structure planning should not be based on a social media tip or a one-size-fits-all rule. It should be based on actual numbers.

If this decision is part of a larger mid-year review, you may also want to read our related article: “<a href="https://protect.checkpoint.com/v2/r01/___https:/www.lawofficesofbeverlywinstead.com/blog/2026/06/its-not-too-late-to-fix-your-2026-tax-situation-what-you-can-still-do-mid-year/___.YzJ1OndlYm1kOmM6Z29vZ2xlX21haWxfYXR0YWNobWVudDplNzQzOWUxN2Y0YTZhODYxNzg3YTc1MTQ3MTk5MGYzODo3OjE3MTE6NWNiNjQ4NzE3ZjVhZDI5ZWUyN2Y2YmEyNzY3NTZiZTJhZjk2MDcyNjAwMzBiNTU3NWYyOTk4M2VmMjM1ZTJiYTpwOlQ6Rg" data-wpel-link="internal">It’s Not Too Late to Fix Your 2026 Tax Situation: What You Can Still Do Mid-Year.</a>”
<h2>Maryland Tax Considerations</h2>
Maryland business owners need to think beyond federal taxes.

S-Corps, LLCs, and partnerships are generally treated as pass-through entities for Maryland income tax purposes. This means income passes through to the owners, members, partners, or shareholders, who may then report the income on their applicable Maryland returns.

Maryland pass-through entities may have their own filing requirements. Depending on the situation, a pass-through entity may file Maryland Form 510 or, if making an entity-level election, Form 511. Maryland also has rules involving nonresident members and electing pass-through entity taxes.

This is important because an S-Corp election does not make Maryland income tax disappear. Salary paid to an owner may still be taxable. Pass-through income may still be taxable. Local tax considerations may also matter depending on where the owner lives or does business.

A business owner should not assume that federal payroll tax planning automatically creates the same result for Maryland tax purposes. Federal, state, and local consequences should be reviewed together.
<h2>The Compliance Side of an S-Corp</h2>
The potential benefit of an S-Corp comes with additional responsibility.

A business taxed as an S-Corp typically needs payroll if the owner works in the business. That means withholding, payroll tax deposits, employment tax returns, W-2 reporting, and careful documentation. The business also needs to maintain clear books and records showing salary, distributions, expenses, and business activity.

This is especially important because S-Corp mistakes can create tax problems later. Common issues include failing to pay reasonable compensation, mixing personal and business expenses, poor bookkeeping, late payroll tax deposits, and misunderstanding the difference between salary and distributions.

The more complex the structure, the more important it becomes to maintain clean records.

For more on how documentation and reporting issues can create IRS questions, read our related article: “What Triggers an IRS Audit? Common Red Flags for Small Business Owners.”
<h2>The Simplicity of a Default LLC</h2>
For many small businesses, a default LLC remains practical.

A single-member LLC may be easier to administer than an S-Corp. There may be fewer payroll obligations if the owner is not treated as an employee of the business for tax purposes. The owner may still benefit from liability protection under state law, while keeping tax reporting relatively straightforward.

A default LLC may be especially suitable for a business that is just starting, has inconsistent income, reinvests most profits back into the business, or does not yet generate enough income to make S-Corp tax planning worthwhile.

That does not mean the LLC should never revisit the question. A structure that works in year one may not be ideal in year three or year five. As income grows, the business owner may need to reevaluate whether the current structure still fits.
<h2>When an S-Corp May Be Worth Reviewing</h2>
An S-Corp may be worth discussing if:
<ul>
 	<li>The business has consistent profits.</li>
 	<li>The owner is actively working in the business.</li>
 	<li>The business can afford to run payroll properly.</li>
 	<li>There is profit left after paying reasonable compensation.</li>
 	<li>The owner wants to separate salary from potential distributions.</li>
 	<li>The business has reliable bookkeeping.</li>
 	<li>The owner is ready for additional compliance responsibilities.</li>
</ul>
The decision should be made carefully. A business owner should review projected income, expenses, owner compensation, payroll costs, tax preparation costs, retirement planning, Maryland tax obligations, and future business goals.

In other words, the question is not only “Will this save taxes?” It is also “<em>Can the business support the structure correctly?</em>”
<h2>When an S-Corp May Not Be the Best Fit</h2>
An S-Corp may not be the best choice if the business has low or unpredictable profits, the owner does not want to manage payroll, bookkeeping is not organized, or the cost of compliance would outweigh the expected tax savings.

It may also be a poor fit if the owner is choosing it only because they heard it “saves taxes” without understanding the salary requirement, payroll responsibilities, or eligibility rules.

For some businesses, the right move is to remain an LLC and improve bookkeeping, estimated tax planning, and deduction strategy first. For others, the right move may be to elect S-Corp treatment after the business reaches a more stable income level.

Business structure is not just a tax issue. It is a planning issue.
<h2>Do Not Use an S-Corp to Ignore Existing Tax Problems</h2>
If a business owner is already behind on taxes, has unfiled returns, owes payroll taxes, or has received IRS notices, changing the business structure may not solve the underlying issue.

A new tax election does not erase old tax balances. It does not automatically fix missing filings. It does not remove penalties or interest. It may be part of a forward-looking plan, but existing tax problems usually need to be addressed directly.

If you are already dealing with an unresolved balance, read: “What Happens If You Can’t Pay Your Taxes in Full?”

If you are behind and need to regain control, you may also find this helpful: “<a href="https://protect.checkpoint.com/v2/r01/___https:/www.lawofficesofbeverlywinstead.com/blog/2026/04/behind-on-taxes-in-maryland-heres-how-to-regain-control-fast/___.YzJ1OndlYm1kOmM6Z29vZ2xlX21haWxfYXR0YWNobWVudDplNzQzOWUxN2Y0YTZhODYxNzg3YTc1MTQ3MTk5MGYzODo3OmE2NzY6NTZlMDQ5ODVlM2YyZmM2NTE2MTY0ZmQ0MmM0YTQxY2E1MGVjYWFiOTYwMjlmNDdiMTZjYzY2NzZjOThiMjA0NTpwOlQ6Rg" data-wpel-link="internal">Behind on Taxes in Maryland? Here’s How to Regain Control Fast.</a>”
<h2><strong>T</strong>he Real Question: What Fits Your Business Now?</h2>
The best structure for a Maryland business owner depends on where the business is today and where it is going.

An LLC may offer simplicity and flexibility. An S-Corp election may offer tax planning opportunities in the right circumstances. But neither option is automatically better for every business.

The right decision should consider:
<ul>
 	<li>How much profit the business generates</li>
 	<li>How much the owner should reasonably be paid</li>
 	<li>Whether the business can manage payroll</li>
 	<li>Whether bookkeeping is current</li>
 	<li>Whether there are employees or contractors</li>
 	<li>Whether the business has tax debt or unfiled returns</li>
 	<li>Whether Maryland pass-through entity rules apply</li>
 	<li>Whether the owner plans to grow, sell, or bring in partners</li>
</ul>
A business structure should support the business, not create confusion.
<h2>Final Thought</h2>
For Maryland business owners, the LLC vs. S-Corp decision should not be rushed. The potential tax savings can be meaningful in the right situation, but the wrong election can create extra costs, payroll problems, and compliance risk.

Before choosing a structure or changing how your business is taxed, it is important to review the full picture. That includes federal taxes, Maryland taxes, payroll obligations, reasonable compensation, recordkeeping, and long-term business goals.

If you are unsure whether your LLC should remain under its current tax treatment or whether an S-Corp election may make sense, schedule a call with Beverly Winstead. Beverly can help you review your situation, understand your options, and approach the decision with a clear tax strategy.

This article is for general informational purposes only and should not be considered legal or tax advice. Every business owner’s situation is different.
<h2>Frequently Asked Questions About LLCs and S-Corps in Maryland</h2>
<h3>Is an LLC the same thing as an S-Corp?</h3>
No. An LLC is a legal business structure formed under state law. An S-Corp is a tax election. In some cases, an LLC may choose to be taxed as an S-Corp if it meets the eligibility requirements.
<h3>Does an S-Corp always save more money on taxes?</h3>
No. An S-Corp does not automatically save money for every business owner. The potential benefit depends on the business’s profit, owner compensation, payroll costs, tax filing costs, and overall compliance responsibilities.
<h3>Why do some business owners choose S-Corp taxation?</h3>
Some business owners consider S-Corp taxation because it may allow them to separate reasonable wages from shareholder distributions. This can create tax planning opportunities in the right situation, but the owner must still be paid reasonable compensation for services provided to the business.
<h3>What does “reasonable compensation” mean for an S-Corp owner?</h3>
Reasonable compensation means the owner’s salary should reflect the work they perform for the business. Factors may include the owner’s role, duties, hours worked, industry standards, business revenue, and the value of the services provided. An owner should not simply take little or no salary in order to treat most income as distributions.
<h3>Is a default LLC simpler than an S-Corp?</h3>
In many cases, yes. A default LLC may involve fewer payroll and administrative requirements than an S-Corp. This can make it a practical option for newer businesses, businesses with inconsistent income, or owners who are not yet ready for the added compliance responsibilities of S-Corp taxation.
<h3>When should a Maryland LLC consider an S-Corp election?</h3>
A Maryland LLC may want to review S-Corp taxation when the business has consistent profits, reliable bookkeeping, enough income to pay the owner a reasonable salary, and profit remaining after that salary. The decision should be based on actual numbers, not a general rule.
<h3>Does an S-Corp eliminate Maryland taxes?</h3>
No. An S-Corp election does not make Maryland taxes disappear. Maryland business owners may still have state filing obligations, pass-through income considerations, payroll responsibilities, and possible local tax issues depending on their situation.
<h3>Can I switch from an LLC to S-Corp taxation anytime?</h3>
There are timing rules and eligibility requirements for making an S-Corp election. Business owners should review the deadlines, tax consequences, and administrative requirements before making the election.
<h3>Should I choose an S-Corp if I already owe taxes?</h3>
Changing your business tax structure does not erase existing tax debt, unfiled returns, penalties, or IRS notices. If you already have tax problems, those issues should be addressed directly as part of a broader tax strategy.
<h3>How do I know which structure is right for my business?</h3>
The right structure depends on your income, expenses, owner compensation, payroll needs, growth plans, recordkeeping, and Maryland tax obligations. Before choosing or changing your business structure, it is wise to review the full picture with a tax professional.
<h3>Can Beverly Winstead help me decide between an LLC and an S-Corp?</h3>
Yes. If you are unsure whether your Maryland business should remain under its current structure or consider S-Corp taxation, schedule a call with Beverly Winstead to discuss your situation, review your options, and make a more informed tax planning decision.

This information is for general educational purposes only and should not be considered legal or tax advice. Every business owner’s situation is different.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[What Triggers an IRS Audit? Common Red Flags for Small Business Owners]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/07/what-triggers-an-irs-audit-common-red-flags-for-small-business-owners/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254456</id>
            <updated>2026-07-08T19:14:05Z</updated>
            <published>2026-07-08T19:14:05Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[For many small business owners, few words create more stress than “IRS audit.” Even when a business owner has tried to do everything correctly, receiving an IRS letter can feel overwhelming. The good news is that an audit does not automatically mean someone has done something wrong. The IRS selects returns for review in several ways, including computer screening, document…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/07/what-triggers-an-irs-audit-common-red-flags-for-small-business-owners/"><![CDATA[For many small business owners, few words create more stress than “IRS audit.” Even when a business owner has tried to do everything correctly, receiving an IRS letter can feel overwhelming. The good news is that an audit does not automatically mean someone has done something wrong. The IRS selects returns for review in several ways, including computer screening, document matching, random selection, and sometimes because of issues connected to another taxpayer’s return.

Still, certain patterns on a tax return can create questions. For small business owners, those questions often involve income reporting, deductions, payroll tax obligations, business losses, or records that do not clearly support what was filed.

The most important thing to understand is this: an audit is not just about numbers. It is about whether the numbers on a tax return can be explained, documented, and connected to the business.

Below are common areas that may draw IRS attention and what small business owners should keep in mind.
<h2>1. Income That Does Not Match IRS Records</h2>
One of the most common sources of IRS scrutiny is a mismatch between the income reported on a tax return and the income reported to the IRS by third parties.

Small business owners may receive Forms 1099-NEC, 1099-K, 1099-MISC, W-2, or other income-related forms depending on how they are paid. Payment processors, online marketplaces, clients, and employers may also send copies of certain forms to the IRS. If the IRS receives information showing that a business earned income but that income does not appear to be reported properly on the return, it may generate a notice or further review.

This can happen for many reasons. A form may have been issued incorrectly. A business owner may have received a 1099-K that includes both business and personal transactions. A client may send a form to the wrong taxpayer identification number. Or the business owner may simply overlook a form while preparing the return.

The issue is not always intentional. However, it still needs to be addressed carefully. Business owners should compare bank records, accounting software, invoices, merchant processor reports, and all tax forms before filing.

If you recently received IRS correspondence related to income or balances owed, you may also want to read our related article: “<a href="/blog/2026/05/what-happens-if-you-cant-pay-your-taxes-in-full/" data-wpel-link="internal">What Happens If You Can’t Pay Your Taxes in Full?</a>”
<h2>2. Large or Unusual Deductions</h2>
Business deductions are a normal part of filing a tax return. Small businesses are generally allowed to deduct ordinary and necessary expenses connected to carrying on a trade or business. However, deductions should make sense in the context of the business.

A deduction may raise questions when it appears unusually large compared to the income reported, inconsistent with the type of business, or not clearly supported by records. For example, a small consulting business claiming very high travel, meals, or vehicle expenses may need to show how those expenses were directly connected to business activity.

The key issue is not whether a deduction is “big.” The issue is whether it is legitimate, properly categorized, and documented. A business owner should be able to explain what the expense was, why it was business-related, when it occurred, and how it connects to the income-producing activity.

This is where many small businesses run into trouble. They may have valid expenses but weak documentation. Receipts may be missing. Business and personal charges may be mixed together. Credit card statements may show the payment but not the business purpose. In an audit, vague explanations are rarely as helpful as organized records.
<h2>3. Mixing Business and Personal Expenses</h2>
Small business owners often start lean. In the early stages, it is common to use the same phone, car, computer, or even bank account for both business and personal purposes. But from a tax perspective, blurred lines can create problems.

Personal, living, or family expenses are generally not deductible as business expenses. If personal expenses are reported as business deductions, the IRS may challenge them. Even when an expense has both business and personal elements, the business portion should be carefully determined and documented.

For example, if a vehicle is used for both personal errands and business appointments, the taxpayer should have records showing the business use. If a cell phone is used for both personal and business calls, the business portion should be reasonable and supportable. If a credit card includes both business supplies and personal purchases, the records should separate the two clearly.

Keeping separate business and personal accounts is not just a bookkeeping preference. It can make it easier to prepare accurate returns, support deductions, and respond if questions arise later.

For more on why tax issues often become harder when delayed, read: “<a href="/blog/2026/06/why-summer-is-when-irs-problems-quietly-get-worse/" data-wpel-link="internal">Why Summer Is When IRS Problems Quietly Get Worse.</a>”
<h2>4. Home Office Deduction Issues</h2>
The home office deduction is a legitimate deduction for qualifying taxpayers, but it is also an area where details matter.

Generally, a portion of the home must be used regularly and exclusively for business. In many cases, the space must also be the principal place of business, a place where the taxpayer meets with clients or customers, or a separate structure used in connection with the business.

The word “exclusively” is important. A room used as both a guest room and an office may not meet the same standard as a dedicated workspace used only for business. A kitchen table where business work happens occasionally may not qualify in the same way as a clearly defined office area used regularly for business operations.

The home office deduction should not be avoided simply out of fear if the taxpayer truly qualifies. But it should be claimed carefully. Business owners should understand the rules, measure the space accurately, and keep records showing how the space is used.
<h2>5. Repeated Business Losses</h2>
A business can lose money. Startups, seasonal businesses, and businesses facing unusual circumstances may have legitimate losses. However, repeated losses over multiple years can invite questions about whether the activity is truly being operated as a business or whether it is closer to a hobby.

The IRS looks at facts and circumstances when distinguishing a business from a hobby. No single factor controls the answer. Relevant considerations may include whether the taxpayer carries on the activity in a businesslike manner, whether they maintain complete and accurate books, whether they depend on the income, whether they change methods to improve profitability, and whether there is a genuine profit motive.

This issue can be especially important for creative professionals, consultants, side businesses, online sellers, and service providers who are building a business while also earning income elsewhere.

The question is not simply, “Did the business make money this year?” The better question is, “<em>Can the owner show that the activity is operated with a real business purpose and a plan for profit?</em>”
<h2>6. Payroll Tax Problems</h2>
For businesses with employees, payroll taxes are one of the most serious compliance areas. Employers are responsible for withholding income tax, Social Security tax, and Medicare tax from employee wages and depositing those amounts properly.

These withheld amounts are often referred to as trust fund taxes because the employer is holding money that belongs to the government. If those funds are not deposited, the IRS can treat the issue very seriously. In some cases, responsible individuals may face personal liability through the Trust Fund Recovery Penalty.

Payroll tax problems can arise when cash flow is tight and a business owner uses withheld taxes to cover rent, vendors, payroll, or other operating costs. While the pressure may feel understandable, the consequences can be significant.

If your business is behind on payroll taxes or other IRS balances, it is important to seek guidance before the issue escalates. You may also want to read: “<a href="/blog/2026/04/behind-on-taxes-in-maryland-heres-how-to-regain-control-fast/" data-wpel-link="internal">Behind on Taxes in Maryland? Here’s How to Regain Control Fast.</a>”
<h2>7. Estimated Tax Payment Problems</h2>
Many small business owners are surprised to learn that taxes are generally paid throughout the year, not only when a return is filed. Self-employed individuals, sole proprietors, partners, and certain shareholders may need to make estimated tax payments.

When business income increases but estimated payments are not adjusted, the taxpayer may end up with a larger balance due than expected. This does not always trigger an audit by itself, but it can lead to penalties, notices, and financial pressure.

Estimated tax planning is especially important for business owners with changing income, new contracts, seasonal revenue, or a major shift in profitability. A mid-year review can help business owners avoid surprises and plan ahead.

For related planning ideas, see: “<a href="/blog/2026/06/its-not-too-late-to-fix-your-2026-tax-situation-what-you-can-still-do-mid-year/" data-wpel-link="internal">It’s Not Too Late to Fix Your 2026 Tax Situation: What You Can Still Do Mid-Year.</a>”
<h2>8. Cash-Heavy Business Activity</h2>
Businesses that receive a significant amount of cash should be especially careful with records. Cash income is taxable, just like payments received by check, credit card, or electronic transfer. The challenge is that cash can be harder to trace if the business does not maintain consistent records.

Restaurants, salons, contractors, repair services, event vendors, retail shops, and other cash-intensive businesses should have systems in place for tracking receipts, deposits, refunds, tips, and expenses.

Good records help show that income was reported accurately. They also help explain differences between gross receipts, bank deposits, merchant reports, and taxable income.

A cash business does not need to fear its own business model. But it does need reliable systems.
<h2>9. Vehicle, Travel, and Meal Expenses Without Clear Support</h2>
Vehicle, travel, and meal expenses are common for many businesses, but they are also frequently misunderstood. The fact that an expense occurred while a business owner was working does not automatically make the entire amount deductible.

For vehicle expenses, business owners should be able to show business mileage or actual business use. For travel, the business purpose should be clear. For meals, the records should identify the business connection and comply with the applicable rules.

A calendar, mileage log, receipts, appointment records, invoices, and notes about business purpose can all help support these deductions. Waiting until months later to recreate records from memory is risky and often incomplete.
<h2>10. Poor or Incomplete Records</h2>
At the center of many audit problems is one simple issue: records.

The IRS does not only look at what was claimed. It may ask the taxpayer to support what was claimed. If records are missing, inconsistent, or disorganized, even a legitimate deduction can become difficult to defend.

Small business owners should keep records that show income, expenses, assets, liabilities, payroll, bank activity, and tax filings. The exact records needed depend on the business, but the principle is the same: the return should be supported by documents, not guesswork.

Good records also help business owners make better decisions. They make it easier to know whether the business is profitable, whether estimated taxes need to be adjusted, whether pricing needs to change, and whether the business structure still makes sense.
<h2>What Should You Do If You Are Worried About an Audit?</h2>
First, do not panic. An IRS letter or audit notice does not automatically mean the IRS believes fraud occurred. It may mean the IRS needs more information, clarification, or documentation.

Second, do not ignore the notice. Deadlines matter. Waiting too long can limit your options and make the situation more stressful.

Third, gather records before responding. Review the notice carefully and identify exactly what the IRS is asking for. A focused response is usually better than sending disorganized documents that do not answer the question.

Finally, consider getting professional guidance, especially if the issue involves several tax years, payroll taxes, unfiled returns, large balances, business deductions, or potential collection action.
<h2>Final Thought</h2>
The goal for small business owners should not be fear-based tax compliance. The goal should be clarity.

When income is reported accurately, deductions are supported, payroll taxes are handled properly, and records are organized, a business owner is in a stronger position. Not every IRS question can be prevented. But many problems become easier to address when the business has treated tax compliance as part of its regular operations, not just a once-a-year filing task.

If you are concerned about your business records, deductions, IRS notices, or possible audit exposure, you do not have to wait until a problem escalates. Schedule a call with Beverly Winstead to discuss your situation, review your options, and take a more proactive approach to protecting your business.

<em>This article is for general informational purposes only and should not be considered legal or tax advice. Every taxpayer’s situation is different.</em>
<h2>Frequently Asked Questions About IRS Audits and Small Businesses</h2>
<h3>Does an IRS audit mean I did something wrong?</h3>
No. Being selected for an IRS audit does not automatically mean that you did something wrong or that the IRS believes fraud occurred. In some cases, the IRS may simply need more information, clarification, or documentation to support items reported on a tax return.
<h3>What is the most common reason a small business may receive IRS questions?</h3>
One common issue is income that does not match information reported to the IRS by third parties. For example, if a client, payment processor, or platform reports income on a tax form, but the business return does not clearly reflect that income, the IRS may send a notice or request additional information.
<h3>Can large business deductions trigger an audit?</h3>
Large deductions do not automatically trigger an audit. However, deductions that seem unusual for the type of business, are high compared to reported income, or are not supported by records may raise questions. Business owners should be prepared to show that expenses were ordinary, necessary, and connected to the business.
<h3>Is the home office deduction risky?</h3>
The home office deduction is legitimate when the taxpayer qualifies. The concern is not the deduction itself, but whether the space meets the required standards and whether the business owner can support the claim. Generally, the area should be used regularly and exclusively for business purposes.
<h3>What records should small business owners keep in case of an audit?</h3>
Small business owners should keep records that support income, expenses, deductions, payroll, bank activity, invoices, receipts, mileage, contracts, and tax filings. The exact records needed depend on the business, but the goal is to be able to explain and document the numbers reported on the tax return.
<h3>Can repeated business losses create IRS concerns?</h3>
Repeated business losses may lead to questions about whether the activity is being operated as a true business or more like a hobby. This does not mean every business loss is a problem. Many legitimate businesses experience losses, especially in the early years. The important question is whether the activity is carried on with a real profit motive and businesslike records.
<h3>What should I do if I receive an IRS audit notice?</h3>
Do not ignore it. Read the notice carefully, identify the deadline, and gather the specific records requested. Avoid sending incomplete or disorganized information. If the notice involves business deductions, payroll taxes, unfiled returns, multiple tax years, or a large balance, it may be wise to speak with a tax attorney before responding.
<h3>Can Beverly Winstead help if my business is facing IRS questions?</h3>
Yes. If you are concerned about an IRS notice, audit risk, business deductions, payroll tax issues, or unresolved tax balances, schedule a call with Beverly Winstead to discuss your situation and explore your options.

This information is for general educational purposes only and should not be considered legal or tax advice. Every taxpayer’s situation is different.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[It’s Not Too Late to Fix Your 2026 Tax Situation: What You Can Still Do Mid-Year]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/06/its-not-too-late-to-fix-your-2026-tax-situation-what-you-can-still-do-mid-year/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254443</id>
            <updated>2026-06-29T10:36:38Z</updated>
            <published>2026-06-23T02:54:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[For many individuals and business owners, tax planning becomes an afterthought once filing season ends. After the April deadlines pass, people often shift their focus toward work, family responsibilities, vacations, or other financial priorities. But one of the biggest misconceptions I see is the belief that tax planning only matters during tax season. In reality, mid-year is often one of…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/06/its-not-too-late-to-fix-your-2026-tax-situation-what-you-can-still-do-mid-year/"><![CDATA[For many individuals and business owners, tax planning becomes an afterthought once filing season ends. After the April deadlines pass, people often shift their focus toward work, family responsibilities, vacations, or other financial priorities.

But one of the biggest misconceptions I see is the belief that <a href="/tax-planning/" data-wpel-link="internal">tax planning</a> only matters during tax season.

In reality, mid-year is often one of the most important times to evaluate your financial situation and make strategic adjustments before the end of the year arrives.

At the Law Offices of Beverly Winstead, we regularly work with clients who assume they have already missed their opportunity to improve their tax situation for the current year. Fortunately, that is not always the case.

Depending on your circumstances, there may still be valuable opportunities to reduce financial stress, improve organization, address IRS concerns, and make more informed tax decisions before 2026 comes to a close.
<h2>Why Mid-Year Tax Planning Matters</h2>
By the middle of the year, many taxpayers have a clearer understanding of:
<ul>
 	<li>income trends,</li>
 	<li>business performance,</li>
 	<li>major expenses,</li>
 	<li>investment activity,</li>
 	<li>and overall financial direction.</li>
</ul>
This makes mid-year an ideal time to reassess your tax position and determine whether adjustments may be necessary.

Waiting until the final weeks of the year often creates unnecessary pressure and limits flexibility. Proactive planning earlier allows more time to:
<ul>
 	<li>organize records,</li>
 	<li>correct mistakes,</li>
 	<li>evaluate strategies,</li>
 	<li>and prepare for upcoming obligations.</li>
</ul>
For business owners and self-employed individuals especially, mid-year reviews can help identify financial issues before they become significantly larger problems later.
<h2>Review Your Current Tax Situation</h2>
One of the most important first steps is simply understanding where you currently stand.

Many taxpayers avoid reviewing their financial position because they fear what they may discover. However, clarity is essential for making informed decisions.

Mid-year is a good time to review:
<ul>
 	<li>current income,</li>
 	<li>estimated tax payments,</li>
 	<li>withholding amounts,</li>
 	<li>business revenue,</li>
 	<li>deductible expenses,</li>
 	<li>retirement contributions,</li>
 	<li>and any outstanding IRS balances or notices.</li>
</ul>
Even small adjustments made during the second half of the year may help improve your overall financial position by year-end.
<h2>Do Not Ignore IRS Notices or Unresolved Tax Issues</h2>
If you currently owe the IRS or have <a href="/tax-problems/" data-wpel-link="internal">unresolved tax matters</a>, delaying action may increase financial stress over time.

In many situations, penalties and interest generally continue accruing on unpaid balances until the matter is resolved.

Additionally, ignoring IRS notices can sometimes limit available resolution options later.

This does not mean every tax issue becomes severe or unmanageable. However, proactive communication and strategic planning are typically more beneficial than avoidance.

Many taxpayers are surprised to learn that the IRS offers multiple resolution pathways depending on individual financial circumstances.

Depending on eligibility, options may include:
<ul>
 	<li>installment agreements,</li>
 	<li>temporary collection relief,</li>
 	<li>or other structured resolution programs.</li>
</ul>
The appropriate strategy depends on factors such as:
<ul>
 	<li>income,</li>
 	<li>assets,</li>
 	<li>filing compliance,</li>
 	<li>and overall ability to pay.</li>
</ul>
Because every financial situation is different, individualized evaluation is important before choosing a path forward.
<h2>Organize Financial Records Before Year-End</h2>
One of the most common problems taxpayers face during filing season is disorganized financial documentation.

Mid-year is an excellent time to:
<ul>
 	<li>review bookkeeping,</li>
 	<li>organize receipts and records,</li>
 	<li>reconcile business accounts,</li>
 	<li>track deductible expenses,</li>
 	<li>and ensure important financial documents are properly maintained.</li>
</ul>
For business owners, proper organization can also improve:
<ul>
 	<li>cash flow visibility,</li>
 	<li>budgeting,</li>
 	<li>and overall financial decision-making.</li>
</ul>
Waiting until tax season to gather records often increases stress and creates a higher likelihood of errors or overlooked information.
<h2>Business Owners Should Reevaluate Their Tax Strategy</h2>
For small business owners and self-employed individuals, mid-year is often the best time to evaluate whether the current business structure and tax strategy still make sense.

Business income can fluctuate significantly throughout the year, and what worked previously may no longer be the most efficient approach moving forward.

Depending on the circumstances, business owners may benefit from reviewing:
<ul>
 	<li>estimated tax payments,</li>
 	<li>payroll structure,</li>
 	<li>retirement planning,</li>
 	<li>deductible expenses,</li>
 	<li>or overall entity structure.</li>
</ul>
These conversations are especially important for growing businesses or individuals experiencing significant income changes.

Strategic planning during the middle of the year can often create more flexibility than waiting until year-end deadlines approach.
<h2>Retirement Contributions May Still Help</h2>
Depending on your financial circumstances and eligibility requirements, retirement planning opportunities may also play an important role in year-end tax strategy.

Certain retirement contributions may help reduce taxable income while simultaneously supporting long-term financial goals.

Contribution rules and deadlines vary depending on the type of retirement account involved, which is why early planning is beneficial.

Waiting until the final weeks of the year may reduce flexibility or create rushed financial decisions.
<h2>Financial Recovery Is a Process</h2>
For taxpayers who feel financially overwhelmed, it is important to understand that financial recovery rarely happens overnight.

Many people enter the second half of the year carrying stress from:
<ul>
 	<li>tax debt,</li>
 	<li>business setbacks,</li>
 	<li>unfiled returns,</li>
 	<li>or unexpected financial obligations.</li>
</ul>
But avoiding these issues generally increases uncertainty rather than reducing it.

In many situations, taking the first step toward understanding your options can create a sense of clarity and direction that helps reduce long-term stress.

Financial recovery often begins with:
<ul>
 	<li>honest evaluation,</li>
 	<li>organization,</li>
 	<li>proactive planning,</li>
 	<li>and a realistic strategy moving forward.</li>
</ul>
<h2>It Is Not Too Late to Take Action</h2>
One of the most important things I want taxpayers to understand is this: mid-year is not too late.

There is still time to:
<ul>
 	<li>improve financial organization,</li>
 	<li>address unresolved tax concerns,</li>
 	<li>review planning opportunities,</li>
 	<li>and position yourself more strategically before year-end arrives.</li>
</ul>
The earlier these conversations happen, the more flexibility taxpayers may have to make informed decisions rather than reactive ones.

At the Law Offices of Beverly Winstead, we work closely with individuals, families, and business owners to help them evaluate their financial circumstances, understand available options, and create thoughtful strategies designed around long-term stability and peace of mind.

If you would like guidance regarding tax planning, IRS concerns, or your overall financial strategy for the remainder of 2026, we invite you to <a href="/contact/" data-wpel-link="internal">schedule a confidential consultation</a> with our office.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Law Offices of Beverly Winstead</name>
				            </author>
            <title type="html"><![CDATA[Why Summer Is When IRS Problems Quietly Get Worse]]></title>
            <link rel="alternate" type="text/html" href="https://www.lawofficesofbeverlywinstead.com/blog/2026/06/why-summer-is-when-irs-problems-quietly-get-worse/" />
            <id>https://www.lawofficesofbeverlywinstead.com/?p=254442</id>
            <updated>2026-06-29T10:27:14Z</updated>
            <published>2026-06-08T20:23:43Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[For many taxpayers, the end of tax season brings a sense of relief. Returns have been filed, deadlines have passed, and people naturally want to move on from thinking about taxes altogether. But for individuals and business owners with unresolved tax issues, summer is often when financial problems quietly become more serious. The stress may temporarily fade after April, but…]]></summary>
			                <content type="html" xml:base="https://www.lawofficesofbeverlywinstead.com/blog/2026/06/why-summer-is-when-irs-problems-quietly-get-worse/"><![CDATA[<span style="font-weight: 400;">For many taxpayers, the end of tax season brings a sense of relief. Returns have been filed, deadlines have passed, and people naturally want to move on from thinking about taxes altogether.</span>

<span style="font-weight: 400;">But for individuals and business owners with <a href="/tax-problems/" data-wpel-link="internal">unresolved tax issues</a>, summer is often when financial problems quietly become more serious.</span>

<span style="font-weight: 400;">The stress may temporarily fade after April, but IRS balances, notices, penalties, and unresolved filings do not simply disappear with time. In fact, delaying action during the middle of the year can often make a manageable situation far more difficult later.</span>

<span style="font-weight: 400;">At the Law Offices of Beverly Winstead, we regularly speak with taxpayers who intended to “deal with it later,” only to discover months afterward that their situation had become more complicated, more expensive, and more stressful than expected.</span>
<h2>Why People Delay Addressing IRS Problems</h2>
<span style="font-weight: 400;">One of the most common reasons taxpayers avoid dealing with IRS issues is emotional exhaustion after tax season.</span>

<span style="font-weight: 400;">Many people feel overwhelmed after filing their returns, especially if they:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">owe more than expected, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">have unfiled returns, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">received IRS notices, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">or are already experiencing financial strain. </span></li>
</ul>
<span style="font-weight: 400;">Others assume there is nothing they can realistically do if they cannot immediately pay the balance in full.</span>

<span style="font-weight: 400;">As a result, summer often becomes a period of avoidance. Notices go unopened. Deadlines pass. Financial planning gets postponed.</span>

<span style="font-weight: 400;">Unfortunately, avoidance rarely improves an IRS situation.</span>
<h2>Penalties and Interest May Continue Accruing</h2>
<span style="font-weight: 400;">One important fact taxpayers should understand is that unpaid IRS balances generally continue accumulating penalties and interest until the debt is resolved.</span>

<span style="font-weight: 400;">The IRS typically charges:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">interest on unpaid taxes, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">a failure-to-pay penalty for unpaid balances, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">and, in some cases, additional penalties depending on the circumstances. </span></li>
</ul>
<span style="font-weight: 400;">Over time, this can significantly increase the total amount owed.</span>

<span style="font-weight: 400;">While every taxpayer’s situation is different, waiting several additional months to address a balance may reduce financial flexibility and increase long-term financial pressure.</span>

<span style="font-weight: 400;">This is one reason why proactive action during summer months can be extremely important.</span>
<h2>Ignoring IRS Notices Can Limit Your Options</h2>
<span style="font-weight: 400;">Many taxpayers underestimate the importance of responding to IRS correspondence promptly.</span>

<span style="font-weight: 400;">IRS notices often contain:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">important deadlines, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">requests for documentation, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">payment options, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">or warnings about potential collection activity. </span></li>
</ul>
<span style="font-weight: 400;">Ignoring notices does not stop the IRS process from moving forward.</span>

<span style="font-weight: 400;">Depending on the circumstances, unresolved tax matters can eventually lead to:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">additional penalties, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">tax liens, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">levies, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">wage garnishments, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">or more aggressive collection actions. </span></li>
</ul>
<span style="font-weight: 400;">Not every case progresses this far, but early intervention generally provides taxpayers with more opportunities to resolve issues strategically before matters escalate.</span>
<h2>Summer Is Often the Best Time to Regroup Financially</h2>
<span style="font-weight: 400;">Although many people think of tax planning as something that only happens during filing season, mid-year is often one of the most valuable times to reassess finances.</span>

<span style="font-weight: 400;">Summer provides an opportunity to:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">review current tax obligations, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">organize financial records, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">evaluate estimated tax payments, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">address bookkeeping problems, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">resolve unfiled returns, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">and explore IRS resolution pathways before year-end pressure begins. </span></li>
</ul>
<span style="font-weight: 400;">For business owners and self-employed individuals, this can be particularly important.</span>

<span style="font-weight: 400;">By mid-year, many taxpayers have a clearer understanding of:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">annual income trends, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">business performance, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">cash flow challenges, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">and <a href="/business-law/business-tax-planning/" data-wpel-link="internal">potential tax exposure</a>. </span></li>
</ul>
<span style="font-weight: 400;">This information can help guide smarter financial and tax decisions for the remainder of the year.</span>
<h2>Many Taxpayers Have More Options Than They Realize</h2>
<span style="font-weight: 400;">Another common misconception is that taxpayers only have one solution: paying the IRS balance immediately in full.</span>

<span style="font-weight: 400;">In reality, the IRS offers several potential resolution pathways depending on a taxpayer’s financial condition and overall compliance status.</span>

<span style="font-weight: 400;">Depending on eligibility, options may include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">installment agreements, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">temporary collection relief, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Offer in Compromise programs, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">penalty relief in qualifying situations, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">or other structured resolution approaches. </span></li>
</ul>
<span style="font-weight: 400;">However, qualification depends on multiple factors, including:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">income, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">assets, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">filing compliance, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">expenses, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">and overall ability to pay. </span></li>
</ul>
<span style="font-weight: 400;">This is why strategic evaluation matters before taking action.</span>

<span style="font-weight: 400;">A resolution strategy that may work for one taxpayer may not be appropriate for another.</span>
<h2>Waiting Until Year-End Often Creates Additional Stress</h2>
<span style="font-weight: 400;">One pattern we frequently see is taxpayers postponing IRS issues throughout summer and fall, only to panic once the holidays and year-end deadlines approach.</span>

<span style="font-weight: 400;">By that point:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">balances may have increased, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">notices may have escalated, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">and fewer proactive planning opportunities may remain. </span></li>
</ul>
<span style="font-weight: 400;">Addressing issues earlier in the year generally allows for:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><a href="/tax-planning/" data-wpel-link="internal"><span style="font-weight: 400;">better financial planning, </span></a></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">more thoughtful decision-making, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">reduced emotional stress, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">and greater preparation before the next filing season arrives. </span></li>
</ul>
<h2>Financial Recovery Begins With Action</h2>
<span style="font-weight: 400;">Many taxpayers avoid addressing IRS concerns because they fear the situation is already beyond repair.</span>

<span style="font-weight: 400;">In reality, taking the first step toward understanding your options is often one of the most important parts of the process.</span>

<span style="font-weight: 400;">Financial recovery rarely happens overnight. It usually begins with:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">understanding the situation clearly, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">organizing financial information, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">evaluating available options, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">and creating a realistic strategy moving forward. </span></li>
</ul>
<span style="font-weight: 400;">The earlier these conversations happen, the more opportunities taxpayers may have to regain financial control and reduce uncertainty.</span>
<h2>A Strategic Approach Matters</h2>
<span style="font-weight: 400;">IRS matters should never be approached with a one-size-fits-all mindset.</span>

<span style="font-weight: 400;">Every financial situation is different, which is why careful review and individualized planning are important when addressing tax concerns.</span>

<span style="font-weight: 400;"><a href="/contact/" data-wpel-link="internal">At the Law Offices of Beverly Winstead</a>, we work closely with clients to:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">evaluate their financial circumstances, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">explain available IRS resolution options, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">address compliance concerns, </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">and develop thoughtful strategies designed around long-term financial stability. </span></li>
</ul>
<span style="font-weight: 400;">Summer may feel like a time to put tax stress aside, but for unresolved IRS issues, delaying action can quietly make problems more difficult over time.</span>

<span style="font-weight: 400;">In many situations, proactive action now can help prevent significantly greater financial pressure later.</span>]]></content>
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