Constitutional and Legal Underpinnings of Business Law

Review the Constitution in Appendix A and choose one of the following sections of the U.S. Constitution or a specified amendment to use as the basis for your initial response:

Any of Congress’s enumerated powers under Article I, Section 8
1st Amendment
4th Amendment
5th Amendment
14th Amendment

Identify the section of the Constitution or its amendment that you have chosen. Discuss how this section of the Constitution or its amendments both limit and protect business in general. Describe an example of how the section of the Constitution or its amendment that you have chosen could be applied to your professional life (past, present, or future). In your example, discuss whether the section of the Constitution you have chosen to address limits business or protects it.

Guided Response:
Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:

Review the initial posts made by your peers, and note whether the responses relied upon a different section of the Constitution or amendment than your response.

Capital Gains Stephen Bernasconi Email this Author 4/14/2016 7:19:56 AM

“Capital gains are very complicated and take a while to understand due to all the rules and regulations surrounding them. The key to understanding capital gains is planning ahead while developing your business plan, not after the business plan has been developed” (Parish, 2014). Planning ahead on what to expect with regards to capital gains is very important. There are time requirements that allow the owner to benefit more in regards to tax payouts when selling. “Trust is an important aspect to help with building a plan to combat high capital gains tax into your business plan in regards to the businesses advisors” (Parish, 2014).Advisors that the owner trusts is extremely important so that everyone knows about the capital gains taxation during the development of the business plan, and everyone can plan accordingly to minimize its effects. Being able to trust those whom the owner works with gives the team the ability to plan for capital gains taxation during the planning period, and not after when it may be too late to adjust. Capital gains represent the increase of value of what you own. An example of this would be a house you purchase, and then rehab the house selling it for an increased value. The increased value of the property would represent capital gain. This capital gain is in turn taxed, and seen as income by the government.” A downside to capital gains is that when the owner or shareholder wants to sell, the government can tax the capital gain, decreasing the amount of money made from the sale” (Seaquist, 2012, Sec. 30.1). Paying an increased amount in capital gains taxes from what was originally presented at the time of purchase can be a down side to investing in something, based on the idea that more money will be made from the investment as the property increases in value.

References

Parrish, S. (2014, March 24). Zero to 60: What business owners need to know about capital gains? Forbes. Retrieved from http://www.forbes.com/sites/steveparrish/2014/03/24/zero-to-60-what-business-owners-need-to-know-about-capital-gains/

Seaquist, G. (2012). Business law for managers. Constellation ebook. San Diego, CA:

Bridgepoint Education, Inc. Retrieved From:

https://content.ashford.edu/books/AUBUS670.12.2/sections/sec30.1?search=capital%20g

ains#w189423

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