According to CCH, the Internal Revenue Service Chief Counsel has concluded that qualified restaurant property and qualified retail improvement property are eligible for fifty percent bonus depreciation in both 2008 and 2009.

Owners, particularly venture capital firms, of franchise companies that have been acquired within the past decade will have to do in-depth inspections of the booked value of their intangible property taking into account the world economic meltdown during the last quarter of 2008.

Radisson Hotels v. Majestic Towers

The Radisson case in regards to liquidated damages has been overblown. In this writer’s opinion, the essence of the decision simply upheld a specifically negotiated liquidated damages clause. Future royalties were only dragged into the argument as a means of computing the liquidated damages amount. Here's my commentary from when it first caused hysteria.

Franchisees need to create a succession plan. It is essential for franchisor and franchisee to cooperate.

Many hard-working franchisees, following the franchisor's business plan, have built their operations into very successful businesses representing a high percentage of their net worth. Because a franchise is a unique asset, however, fashioning a sensible estate plan for a franchise owner is far more difficult than for a sole proprietorship or closely held business. For one thing, a franchisee does not own their business outright; a franchise is only a contract right. Therefore, the franchisor, too, must be a participant in the decision-making process.