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Old March 18th 09, 11:21 PM
tatermunk tatermunk is offline
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First recorded activity by AviationBanter: Mar 2009
Posts: 5
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Quote:
Originally Posted by ROBERT ALLAN \BOBBIE\ BEAR.M.D. (ex Vice Dean) View Post
On Mon, 16 Mar 2009 17:05:04 +0000, tatermunk wrote:

I have a question about some of the legalities of what I am in the
process of doing. If anyone can point me in the right direction I
welcome and appreciate all opinions and advice.

I am in the process of purchasing a Cessna 210. I have 3 signed 1 year
lease agreements with pilots in my area. I have a $1200 deposit from
each pilot and when I reach 6 pilots I will purchase the aircraft. They
agree to $600 per month for a year for 10hrs per month. Any hours flown
over the 10hr allowance will be an additional $60 per hr. Insurance,
Maintenance, Hanger, etc. are all included.

For me, that covers the cost of the plane, hanger, insurance, and a
hefty maintenance reserve. However, I will/can still make a profit
depending on how I structure the maintenance reserve.

Is there any problem with the way I am structuring this? And other than
paying taxes and making sure my insurance is covered correctly... Is
there any problems with making a profit from this?

Thanks to anyone who can help.


When you move into a profit-making venture, and you distribute profits
to Member(s) (you), you will be viewed, in case somwething happens,
legally not as a club of folks sharing expenses but as a business with
the concurrent liabilities to your "public" (members).

If you retain profits in a reserve, ultimately you will have to spend or
distribute them (up to some amount can be retained and some length of
time depending on your corporate structure) but you will be functioning
more like a true club.

An LLC? A Sub S? A Sub C?
--
Dr. Robert Bear, MD, FRCPC, (ex Vice Dean, Not James)
American Board of Internal Medicine & Nephrology Certification
Clinical trials, renal soiling, DEPENDS research,
Dialysis population, no boners research
Euthanasia Certified; Uncontrolled ****ing Expert
Telephone 780-407-7239; Fax 780-407-7771

Thank you for your response, it was one of the most enlightening.

It seems that once I accept or structure this to retain a profit I assume commercial liabilities as well. Which is understood and definitely has moved me to clearly explaining this to my insurance agent (again) to insure the appropriate coverage.

Another question this brings up. If I were to structure this not to retain a profit, only to cover costs, maintenance reserves and upgrades etc.; What happens when I sell the aircraft and there is a profit? I assume capital gains applies? Well, I know that applies in a for profit situation, but this I am not sure?

As far as company structure I think an LLC would make the most sense, but I am still researching which works best for this situation.

I appreciate anymore information you may have regarding what we've discussed.

Best Regards!