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Too many business owners coast into December and drag worthless fees, bad entities, and needless liability into the new year. If you don’t clean up your structure now, you’ll pay for it all year long. The next few weeks determine how clean and protected you are on January 1. Here’s what to fix, shut down, or set up before the deadline.
Every unused LLC or corporation sitting out there with your name on it is costing you money. State fees renew. Minimum taxes renew. Registered agent fees renew. Bookkeeping obligations renew. And even worse, an inactive or ignored entity can pierce your asset protection if something ever goes wrong. If you did not use an entity this year and you know you will not use it next year, it needs to be dissolved before December 31. Waiting until January triggers a whole new year of fees. This is one of the most common mistakes we see. Many business owners hold onto an old LLC simply because they might use it someday. If that day ever comes, you can form a new one easily. Stop paying for entities that do not serve a purpose. Clean up your structure now and start the year fresh.
If you need a new entity for next year, forming it in January is already too late. Every year, we see business owners finally launch the new side hustle or real estate venture on January 2 and then scramble through a year of bookkeeping chaos because nothing was ready when the year began. You need your LLC or corporation in place before January 1 so you can open the bank account, draft the operating agreement or bylaws, issue ownership documents, complete minutes, and start clean. If you plan to operate as an S corporation, you also want your payroll strategy mapped out before the year starts. S corp elections and retroactive fixes complicate everything and cost more in both accounting and legal fees. A proper entity formed in December makes January smooth and positions you for tax savings all year long.
Your entity structure controls your tax strategy. It determines how you pay yourself, how you take deductions, how you fund your solo 401(k), how you use reimbursements, how you qualify for the QBI deduction, and how you report income. When your structure is wrong, every single part of your tax return is wrong. The planning window closes at midnight on December 31. After that point you cannot backdate a better strategy. This is why we push clients so hard to finalize their structure now. Once the calendar flips, the IRS treats everything differently. If you want tax planning to work, your foundation must be in place before the year ends.
Even active entities fall apart when the paperwork is wrong. Operating agreements go stale. Bylaws do not match real life. Ownership changes never get updated. Corporate officers change but the documents never get signed. Minutes are missing. Addresses and registered agents are outdated. All of this weakens your protection in court and weakens your position with the IRS. Use December to clean up your documents, update ownership and officer information, handle your annual minutes, and get your structure legally tight. This is one of the simplest steps you can take to strengthen both liability protection and tax defense.
The same issues hit business owners year after year. They carry LLCs that do nothing. They run multiple businesses through one entity. They form an S corporation after January 1 and lose tax savings. They use cheap online documents that never match what they actually do. They ignore state filings. They forget to update their address. They hope it all works out. It never does. The truth is simple. Strong structures save money. Weak structures cost money. December is when you fix that gap.
Cleaning up or creating the right structure before year end is one of the simplest and most profitable moves a small business owner can make. Shut down what’s not serving you and create what you need for next year. Update your documents so your asset protection and tax planning actually work. My team at KKOS Lawyers can review your current entities, dissolve the ones you no longer need, create new entities that match your goals for the new year, update outdated documents, and make sure your structure is tight before the deadlines hit. A 15-minute consultation with them is free! If you want to start January with a clean slate, a proper strategy, and a structure built for tax savings and protection, now is the moment to take action.
Mark J. Kohler, CPA and attorney, has helped millions of Americans improve their finances through practical, trustworthy tax and wealth strategies. Mark's mission is simple: deliver credible, actionable financial advice and guidance you can always rely on.