Business Incorporation


Business Incorporation Incorporating your business is one of the most important tasks when starting up your business. We have seen clients lose everything from their business to their homes because they did not incorporate and were sued. It can happen to you.

Choosing the right type of incorporation is as important as incorporating. Below is a comparison chart that will help guide you in making a decision on what type of entity you should be. Many businesses choose to be a S-Corporation however LLC's are becoming more popular for companies that have silent partners (either children, or other people that are not investors), in their company for legal reasons. Having an LLC formed in this case will allow you to allocate your income and expenses differently year by year according to who actually infused equity into the company in any given year. We can help you through this process, call us at 1-877-723-7148.

Comparison Chart

Entity Type Liability Taxation Formation Corporate Maintenance
Regular
C-Corporation
Owners have
limited personal liability for business debts.
Owners can split
corporate profit among owners and corporation,
paying lower overall tax rate.

Separate
taxable entity.

Fringe benefits can be deducted as business
expense.

May have an
unlimited number of shareholders.

More
expensive to create than partnership or sole
proprietorship.

Shares of stock
may be sold to raise capital

Formality
requirements (e.g. annual reports, minutes,
meetings) are required to maintain corporate
status.

S-Corporation Owners have
limited personal liability for business debts.
Owners report
their share of corporate profit or loss on their
personal tax returns.

Income must be allocated
to owners according to their ownership
interests.

Owners can use corporate loss to offset
income from other sources.

Fringe benefits limited for owners who own
more than 2% of shares.

More expensive to
create than partnership or sole proprietorship.
More formality
requirements than for a limited liability
company which offers similar advantages.
Professional
Corporation
Owners have no
personal liability for malpractice of other
owners. Owners have liability for own acts of
malpractice.
  Option when
certain states do not allow professionals to
form a C-Corp.

More expensive to create than
partnership or sole proprietorship.

All owners must belong to the same
profession.

Formality
requirements (e.g. annual reports, minutes,
meetings) are required to maintain corporate
status.
Non-Profit
Corporation
  Full tax
advantages available only to groups organized
for charitable, scientific, educational,
literary or religious purposes.

Contributions to charitable corporation are
tax-deductible.

Fringe benefits can be deducted as business
expense.

  Formality
requirements (e.g. annual reports, minutes,
meetings) required to maintain corporate status.

Property transferred to corporation stays.

there; if corporation ends, property must go
to another nonprofit.

Limited Liability
Company
Combines a
corporation's liability protection and
pass-through tax structure of a partnership.
IRS rules now
allow LLCs to choose between being taxed as
partnership or corporation.
More expensive to
create than partnership or sole proprietorship.
Sale of member
interests may take place per company policy.

Significantly easier to maintain than a
corporation.

Professional
Limited Liability Company
Same advantages as
a regular limited liability company.

Members
have no personal liability for malpractice of
other members; however, they are liable for
their own acts of malpractice.

  Gives state
licensed professionals a way to enjoy those
advantages.

Members must all belong to the
same profession.

Not available in all states.

 
Sole
Proprietorship
Owner personally
liable for business debts.
Owner reports
profit or loss on his or her personal tax
return.
Simple and
inexpensive to create and operate. No filing
necessary.
 
General
Partnership
Owner (partners)
personally liable for business debts.
Owner (partners)
reports profit or loss on his or her personal
tax returns.
Simple and
inexpensive to create and operate. No filing
necessary.
 
Limited
Partnership
Limited partners
have limited personal liability for business
debts as long as they don't participate in
management.
  Suitable mainly
for companies that invest in real estate.

More
expensive to create than general partnership.

General partners
can raise cash without involving outside
investors in management of business.

General
partners personally liable for business debts.

Business Incorporating
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