Corporations
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Incorporating your business creates many
advantages for you. Incorporating will allow you take advantage of many tax
deductions, and protect your assets from lawsuits.
If you're thinking of
incorporating your business, there's no better way to protect yourself, and
save some of your hard earned money.
There is a lot of information in
regards to incorporations, and it can seem overwhelming. The following is a
brief explanation of the different types of entity structures to
consider.
A C-Corporation is a separate legal entity from the
people who own it. It has a life of its own. It can own assets, incur
liabilities, and provide goods and services to the general public. Every
C-Corporation starts out as a C-Corporation and remains as such unless it makes
a subchapteran S election. C-Corporations are often the first step in
reducing taxes and protecting assets. They can additionally provide tax
deductible expenses. C-Corporations offer approximately 300 deductible expenses
of which you can take advantage. If you want to take your company public, you
will need a C-Corporation structure to do that. The C-Corporation additionally
offers the benefit of having a fiscal year end either 3/31, 6/30, 9/30,
12/31.
S-Corporations: As we said previously, an S-Corporation,
starts out as a C-Corporation. It is then converted by a simple filing of form
2553. By making this election, you are choosing to have the corporations
income treated like the income of a partnership or sole proprietorship. The
income is passed through to the shareholders of the corporation. S-Corporations
have approximately 75 allowable expense deductions. They can be used as part of
a multi-corporation strategy and for newer businesses. S- Corporations can flow
this loss through to the individual which reduces their personal income, while
losses to C-Corporations do not pass through to the individual.
A
Limited Partnership has two aspects to its structure: one or more
General Partners and one or more Limited Partners. Generally speaking, limited
partners share in the profits of the partnership but are shielded from its
liabilities. They have no say in the management of the partnerships
activities. In most Limited Partnerships, the limited partners are passive
investors. The general partner has the benefits and responsibilities of
actively managing the Limited Partnerships activities. In exchange for
this, the general partner also has unlimited financial and legal responsibility
for the losses or liabilities of the Limited Partnership. A great way to
protect the General Partner against this unlimited liability is by making the
General Partner a corporation. Limited partnerships are often used to hold real
estate and other investments, where the parties involved don't wish to be on
equal footing. In other words, they work well when the investors want to remain
passive and they desire to have someone else (i.e. the General Partner) manage
the partnerships activities.
Limited Liability Companies
(LLCs) are a newer type of entity, but they have now been around long enough to
be time tested. It is a separate entity for asset protection purposes. If sued,
only the assets of the LLC are at risk. The participants in an LLC are called
Members, and unlike a Limited Partnership which is designed for the
participants to be treated differently, an LLCs members are all on equal
footing. This gives all members an opportunity to actively participate in the
LLCs activities. It is a great vehicle in which to hold real estate and
other investments.
Trusts are powerful in two ways. First, they
take the property outside of the reach of creditors. Secondly, they take the
property outside the reach of beneficiaries with insatiable financial
appetites. So, if you want to give a loved one a gift, and especially the
benefit of the income it generates, but you are unsure of their ability to
properly manage it, a trust may be the solution.
Maximizing Tax
Strategies
There are two tax systems in the United States:
a) the tax structure for employees
b) the tax structure for
businesses
Employees get taxed on what they earn and that money is
taken out of their paycheck before they even get their check to spend
whats left.
The corporate structure allows you to earn money,
incur appropriate business deductions, then you're taxed on whats left.
Most new business owners and investors are paying expenses as personal
deductions and not taking advantage of their full business deductions.
The following is a list of typical business deductions that you can
take advantage of to minimize your tax burden:
rent (office or
home office) utilities entertainment meals
automobile gas insurance office
supplies computer equipment education travel
legal fees accounting/bookkeeping fees staff
gifts
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