Business Entity Formation
Business Entity Formation
You want to start your own business but don’t know where and how to start? ForMyTax.Com provides a wide range of services to assist start-up businesses. From developing business plans and business entity selection to providing tax advice, our full-service approach will ensure your business is off to a flying start and you will be able to focus your energy on new business development. Choosing the form of entity for business (e.g. “S” corporation, sole proprietor, Limited Liability Company, etc) is a critical decision that can have longstanding tax implications. Our firm provides practical and comprehensive support in the critical tax practice area of structuring and operating a business. We advise on issues relating to business pass-through entities – S Corporations, Limited Liability Companies, and Partnerships, and provide support for deciding which entity best suits a particular business situation.
In US, a Business entity can be incorporated under different types:
- Sole Proprietorships
- Partnership
- Limited Liability Company
- Corporation
Sole Proprietorships
Also known as a sole trader, or simply proprietorship. Owned and run by one individual and where there is no legal distinction between the owner and the business. They are inexpensive to form, easy to dissolve and generally have no tax aspects, since profits and losses of the business are simply part of the owner’s personal income and the company is disregarded for tax purposes all profits and all losses accrue to the owner. All assets of the business are owned by the proprietor and all debts of the business are the proprietors.
Business Entity Formation
Partnerships
Are also relatively inexpensive to form. Partnerships are formed by two or more persons or any business entity who make an agreement to share profits and losses. Each partner has joint and several liabilities to the partnership which means any particular partner can be liable to pay entire debts of the partnership irrespective of the extent of participation in Profit and Losses or capital contribution into the partnership. Taxation is more complex, but the partnership itself pays no taxes; it is only required to file an informational return to the government to report what the profits and losses of the partnership were and how these were allocated to the partners. A partnership ceases to exist in case of the death or bankruptcy of a partner or when they decide to terminate the partnership.
Liability Companies or LLCs
Such type of entities are highly flexible, and can be used for a various types of nature of business. The members (equivalent to shareholders or partners) can, but need not, have limited liability; can, but need not have, managers (equivalent to directors and officers) and can elect to be taxed either as corporations, or as partners (if they have two or more members) or be disregarded for tax purposes like a sole proprietorship. Depending on state law, an LLC can have the same limited liability for members as a corporation, or have some members with limited liability and some without limited liability or no limited liability for any members. Unlike corporations, some States require that their LLC’s designate a date in the future at which the LLC will automatically dissolve. Some States also require that if a member dies, goes bankrupt or meets some other calamity the remaining members of the company must either dissolve or vote to continue.
Corporations
In comparison to the above two, corporation are more complex. By forming a corporation a NEW legal entity is created which is separate from its owners. Therefore, its life is independent of the life of shareholders. Depending on state law, a corporation can be owned by just one person and have just one director and officer. The shareholders elect directors to set the policies of the corporation and represent their interests. The directors appoint the officers of the corporation to manage day to day operations. Corporations are legally required to follow more formalities than any of the other entities, including annual meetings of the shareholders and directors, as well as board approval of most significant acts by the corporation. Taxation of corporations is much more complex.
Entity Incorporation
Corporations and LLCs are excellent options for entrepreneurs looking to minimize their personal liability and build greater reputation, credibility and brand name. There are different types of entities and each type of entity offers distinct tax and business advantages. ForMyTax.Com can help you form an entity (C Corporations, S Corporations, Non Profit Corporations, LP, LLP, or LLC) in any of 50 US States!
What are the advantages of incorporation of Formation of Limited Liability Company?
Regardless of their size, all businesses can benefit from incorporating. Advantages of forming a corporation or Limited Liability Company (LLC) include:
1. Personal asset protection. Both corporations and LLCs allow owners to separate and protect their personal assets. In a properly structured and managed company, owners should have limited liability for business debts and obligations.
2. Additional Reputation and Credibility. Adding “Inc.” or “LLC” after your business name can add instant authority. You may lose business from customers, partners or vendors if you are not incorporated.
3.Name protection. In most states, other businesses may not file your exact corporate or LLC name in the same state. This can give you an exclusive name of doing business within your state.
4. Perpetual existence. Corporations and LLCs continue to exist, even if ownership or management changes. Sole proprietorships and partnerships just end if an owner dies or leaves the business.
5. Tax flexibility.Though profit and loss typically pass through an LLC and get reported on the personal income tax returns of owners, an LLC can also elect to be taxed as a corporation. Likewise, a corporation can avoid double taxation of corporate profits and dividends by electing Subchapter S tax status.
6. Deductible expenses. Though profit and loss typically pass through an LLC and get reported on the personal income tax returns of owners, an LLC can also elect to be taxed as a corporation. Likewise, a corporation can avoid double taxation of corporate profits and dividends by electing Subchapter S tax status.
Business Entity Formation
Should My Business Incorporate or Form an LLC?
Selecting the entity type varies on case by case basis. ForMyTax.Com team is well trained to help you make the proper selection.
To explain the difference between two entity types in brief, Corporations and LLCs are both separate legal entities (business structures) that enjoy certain protections under the law and important benefits. Most people form a legal business structure to safeguard their personal assets. Incorporating, or forming a Limited Liability Company (LLC), allow you to conduct your business without worrying that you might lose your home, car, or personal savings because of a business liability.
We help you with:
- Selecting a business structure that best fits your needs by evaluating tax advantages, legal exposure, residency requirements and ease of operation
- File papers on your behalf to incorporate your business
- Provide EIN Services, get required documents (such as Certificate of Good Standing, Foreign Authority, Certified Copy of Articles, International Apostille etc.) to do business from various governing bodies
- Setting up accounts and bookkeeping for you
- Prepare a cash flow budget
- Establish billing and collection procedures to maximize your cash flow
- Establish procedures to monitor and control costs
- Prepare and file all required state and local licenses and permits
- Identify your business insurance needs
- Our clients include local start-ups as well as foreign businesses entering the US market. We also help companies to convert from S corporations to C corporations, dissolutions, etc.
