Who should have meeting minutes?
When you think of meeting minutes as being a tool to protect your tax savings, then every company should have meeting minutes. It doesn’t matter if the company is an LLC, partnership, corporation or even a sole proprietorship.
It’s always a good business practice to have an annual meeting. It’s a great time to review the past year and focus on the upcoming year. This falls right in line with the company approving your salary, bonus and/or distributions. Have a discussion about why the amounts are appropriate and document that in your meeting minutes.
An annual meeting is the ideal time to document activities the company has done and intends to do. For example, if one of those activities is to purchase real estate, the discussion can address if the real estate will be held long-term and rented, or fixed up and sold, or perhaps the company has something else in mind.
Two terms that commonly come up during a tax audit are “intent” and “facts and circumstances.” A tax auditor wants to know what a taxpayer’s intent was and what the facts and circumstances were for a particular transaction. Meeting minutes are one of the most effective ways to document these items.