In a recent decision, the Federal Revenue Service Administrative Board (CARF) judged the use of the legally binding model for independent professionals via the COMPANY IN PARTICIPATION ACCOUNT as a form of LIQUIT TAX PLANNING.
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Partnership Account in Hiring Managers and Directors
The legal affiliation of the company's top staff should be part of its tax strategy.
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CARF declares Participation Account Society as a form of LIQUID TAX PLANNING!List item 1The CARF - Supreme Court of Administrative Case Law within the IRS stated, in a recent ruling published in October 2018, that the Holding Company can be used as a lawful way of hiring professionals and achieving significant tax savings.
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TRT 11th Region Extinguishes Labor Action filed by a professional hired through a Participation Account CompanyList item 2The Regional Labor Court of the 11th Region dismissed a labor lawsuit filed by a nurse, which was linked to a health company through a Participation Account. The decision states that there is no irregularity in the form of hiring and declares the alleged labor bond to be non-existent.
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Jurist Ives Gandra Martins defends the use of the Society in Participation Account as a lawful way of hiring health professionals.List item 3In a brilliant opinion from his opinion, the lawyer Ives Gandra Martins discusses the applicability of the Participation Account Society model in linking Doctors and Hospitals. The study makes clear all the legitimacy and legality of SCP in the relations of capital (company) and work (professional).
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Hidden Members may participate in business and receive exempt dividends.List item 4The Board of Tax Appeals (Carf) has admitted that hidden members of a holding company (SCP) may actively engage in the business and still receive tax-free dividends. By majority, the counselors understood that this is a lawful tax planning. Holding companies are mainly used for real estate, hospital, educational, law, engineering or architectural services. They are formed by the ostensible partner, who takes responsibility for the business, and investors, who enter as participating partners - formerly called hidden. Decision demonstrates that the participating partner can enter with their knowledge, something even more valuable than money.
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