• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

small business failing

  • Thread starter Thread starter Wadahoot
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

Wadahoot

Guest
I have been in business with a best friend (big mistake!) for 8 years. We are incorporated, are both officers and do not draw a salary. We have both been paid as independent contractors, based on commission.

We both put money in as start-up money. We both are personally owed money where we purchased office supplies, postage, etc. Neither one of us have received a paycheck for almost 2 years, so that we could keep money in the checkbook to pay bills.

Due to a number of poor decisions and major mistakes on her part, we are loosing money hand over fist. I also found out that she took money out of the safe for personal use; her husband doesn't think they should have to repay it, since they invested an original amount and just want to say they were partly paid back.

To make matters worse, she has admitted to taking a large commission check, made out to the business, and cashing it to use for personal use.

As you can imagine, I've had it! I want to get out, but have stayed in for the past year only to try to make enough money back so that I can get paid my investment, expenses and past due pay checks. She has pretty much quit working and there is not enough money being made to have this happen any time soon (plus the headaches are getting worse!).

I have been told that I cannot take my "lost" pay off of my personal taxes. If this is true...it stinks! The only thing I could think of is perhaps if the business declared bankrupcy, it would benifit me personally in some way. There is probably enough money to pay back the expenses to both of us, and perhaps most of the investment.

I don't really want to go to court, as she (was) a dear friend (yes, this has changed my feelings towards her totally), and she is going through a divorce and neither of them have much cash (nice home and cars, but no money).
Any great thoughts on how to best get as much money back, either directly from the company, or through losses on my personal taxes?
Thanks so much for "listening"!
Anita
 


ALawyer

Senior Member
First you can not deduct the salary you were never paid -- get real. Taxes are paid on income. No income, no tax.

If the business had a loss you could take that -- your share -- off your taxes if it is a partnership or subchapeter S corporation.

Third, the best way out is top find a buyer and sell it. Failing that, sit down with a lawyer to work out a liquidation.



------------------
This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
G

GURUDUDE

Guest
ADDING TO THE PREVIOUS POST FROM ALAWYER...

YOU SHOULD ALSO BE ABLE TO WRITE OFF ANY INTIAL INVESTMENT MADE TO THE BUSINESS...

IF SOME OF THESE MINES CAN BE REPAID TO GREAT...WHAT CAN'T BE REPAID CAN BE WRITTEN OFF...

SEEK ADVISE FROM A TAX PROFESSIONAL...
FOR YOUR TAXES...

AND SEEK ADVISE FROM A LAWYER...FOR THE OTHER PENDING LEGAL ISSUES...ABOUT THE COMMSSIONS, ETC....
 
T

Tracey

Guest
By taking money out of the safe and cashing the commission check for personal use, your partner committed a breach of fiduciary duty and theft. Repayment of an initial investment requires a corporate resolution. One investor cannot help themselves to a "partial repayment".

You can sue her in civil court and should do so before the divorce is final, since her husband knew about and benefitted from the money. You can place a lien on their house after you get a judgment. You can also file a criminal complaint against her for theft/conversion. Don't worry about her feelings; she obviously doesn't care about yours! If your accountant took money from your company, you'd sue and report him/her, wouldn't you? Report you partner too.

Regarding the 'lost' pay: You can't deduct the paychecks you didn't receive, but they aren't income to you in the first place. Did you form an S-corp? If so, the losses pass through to your personal taxes.

Tracey

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top