Tell me more ×
Answers OnStartups is a question and answer site for entrepreneurs looking to start or run a new business. It's 100% free, no registration required.

Currently I have a LLC company, the company has a reasonable amount of money in the bank, my wife and I are the only employees. We're in a situation were we need to take the money out of the company for personal reasons. My accountant has told me that by closing the company and starting a new LLC I can avoid paying some of the tax and take more money out (or something like that).

That's the background my question is should I call my new LLC something like 'James Systems' and then use my old company name 'Jamessoft' as a trade mark allowing me continue using the domain name and branding etc?

I wouldn't be considering this if it was a small amount but I can save a significant sum by changing my LLC name.

share|improve this question

2 Answers

JamesD, I would suggest that you consider this very carefully, and obtain advice from a couple of wise entrepreneurs in your city before doing this.

Attitudes and culture vary by country and region; but over where I am, closing down a company and starting up a new one is bad for your reputation, and will cost you future business.

Furthermore you're vague on why this saves you money, possibly because you yourself don't fully understand the mechanism your accountant proposes. Two comments there:

  • Without knowing, I guess that someone (probably the Government) is denied some money they should otherwise rightfully have received. In many places this could be perceived negatively, as an immoral act. As said, attitudes very from culture to culture, that's why I suggest you talk to some wise entrepreneurs in your area.
  • IF the mechanism of this transaction is complicated, if you don't fully understand it, if there is no clear legal precedent, then beware. In many jurisdictions tax authorities can go back 3 or 5 years, and if your transaction at a later point is ruled invalid, then you get stuck with a very large bill -- you, not your accountant.

LLC something like 'James Systems' and then use my old company name 'Jamessoft' as a trade mark allowing me continue using the domain name and branding etc?

Go see a good lawyer on this one. In Denmark where I am currently located, using a bankrupt company's name and customer register without permission from and payment to the bankrupcy estate, is flat out illegal. Now clearly, you're not in Denmark, and thus the laws may be completely different for you -- but I mention this as an example of what could be, and why it's a good idea to go see a lawyer before engaging in this.

share|improve this answer

My opinion is that you should save you branding with similar LLC name. You can't estimate the real value of you branding, but if you are doing business for a long time and have a lot of customers, you brand can have substantial value.

share|improve this answer

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.