Forming A Corporation
|All legal and tax professionals agree, if your business is not
incorporated you may be throwing away thousands of dollars in tax savings and
deductions. In addition, all of your personal assets such as your home, cars, boats,
savings and investments are at risk and could be used to satisfy any law suits, debt or
liability incurred by the business. Forming a Corporation can provide the protection and
tax savings needed to give you peace of mind and make your business even more successful
Some of the Benefits include:
Liability Protection: Properly forming and maintaining a
corporation will provide personal liability protection to the owners or shareholders of
the corporation for any debt or liability incurred by the business. Personal liability of the shareholders is normally limited to
the amount of money invested in the corporation.
Tax Advantages:; Another important benefit is that a
corporation can be structured many ways to provide substantial tax savings. You can
minimize self-employment taxes and increase the number of allowable deductions
lowering the taxes you pay on the income of the business. Many corporations
structure retirement and tax deferred savings plans for their owners and employees which
can provide even greater tax savings.
Raising Capital: Sale of stock for the purposes of
raising capital is often more attractive to investors than other forms of equity sales. A
corporation can also issue Corporate Bonds to raise capital for expenditures without
compromising the ownership of the business. Incorporating your company shows your level of seriousness and can be essential when seeking funds from venture capitalist like Rick Bolander or other investors.
Types of Corporations
|When deciding on exactly which type of entity to form it is
necessary to consider short and long term goals of the business, the nature of the
business and the benefits associated with each type of entity. We do suggest that the
selection of a business entity be done with the assistance of a professional, such as your
tax or legal adviser, as they may be more familiar with your specific needs. For more
information select one of the following types of corporations.
Subchapter S Corporations ("S"
|The "C" Corporation is still the most common form of ownership. It is
a separate and legal entity that offers the greatest flexibility with respect to ownership
and the free transferability of ownership interest. Although a "C" Corporation
allows for many advantageous tax deductions and benefits, small business owners may be at
a disadvantage due to the double taxation associated with a "C" Corporation.
Income is first taxed at the corporate level at corporate tax rates. Then when the
corporation issues dividends to its shareholders, the same money is taxed again at the
shareholder level. The result is that the same income generated by the corporation is
being taxed twice. Still, the popularity of the "C" Corporation is largely due
to its overall recognition and acceptance in our society.
Advantages: Limited liability protection, unlimited life,
easy to raise capital, complete flexibility of ownership, may have various classes of
stock, free transferability of ownership and tax benefits allowing for certain health and
life insurance deductions.
regulations, double taxation, must maintain corporate formalities such as annual meetings
and other resolutions.
|A Subchapter S Corporation or "S" Corporation is similar to the
"C" Corporation and operates primarily in the same manner. The main advantage
associated with the "S" Corporation is that the income passes through to the
shareholders, thus avoiding the double taxation of a "C" Corporation. However,
the corporation must meet certain requirements to qualify for the "S" status
under the current IRS rules. It also loses some of the tax deductions allowed to
liability protection, avoids "double taxation" and has an unlimited life.
Disadvantages: No more than 75 shareholders, limited
ownership (Individuals, estates and certain trusts), limited to one class of stock, some
tax deductions are lost as compared to "C" Corporation, subject to governmental
regulations, must maintain corporate formalities such as annual meetings and other