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Incorporate your business online: Feature Article
One of the best things about corporations is that the corporation actually limits the personal liability of the owners for claims against the corporation. Most of the time the owners of the corporation are not going to be personally responsible for any of the claims or debts against the corporation, the only time they are going to be responsible is if the owners have signed a personal guarantee for some kind of credit approval. But another advantage to the corporation is that since it is a separate legal entity that also means that it has an unlimited life, which means that it can last longer than its owners.
But the biggest disadvantage to the corporation is the double taxation that can occur, basically this is where the profits that the corporation makes are taxed for the corporation and then the dividends that the corporation pays out are taxed for the individuals. The reason that this happens is that the corporation must file a separate tax return from its owners because they are a legal entity and then the owners also have to file a personal income tax return to pay their own taxes. So the profits that are made by the corporation are taxed twice.
What is an S corporation? This is pretty much the same thing as a regular or C corporation, but with one main difference. The biggest difference between a C and an S corporation is that the S corporation has elected a special tax status with the IRS. Basically what this special status is a tax treatment which allows the income of the corporation to be treated like the income of a partnership or sole proprietorship. In this case what happens is that the income is actually passed through to the shareholders and this allows them to deduct any business losses up to the amount that they have invested or claim any profits that the business has made. This actually gets rid of the double taxation that corporations face. But something that you want to keep in mind when it comes to S corporations is that in order to qualify for an S corporation status the corporation must be a United States corporation. But the corporation must also only have one class of stock and it must have fewer than 75 shareholders. When it comes to the shareholders they must be individuals, estates or certain qualified trusts that have consenting in writing to the S corporation election. But keep in mind that the shareholders cannot be non-resident aliens in an S corporation. What is the structure of a corporation? How to incorporate a business? But in order to form a corporation you are first going to have to prepare and file articles of incorporation with your State's Secretary of State. Once that is done you are going to need to prepare by-laws and organizational minutes. But in addition to this you will need a Federal Employer Identification Number (Form SS-4) from the IRS; this is what allows you to file your tax return for your business. If you have more than one shareholder you are going to need a buy-sell agreement. The reason for this is that this is used to ensure that the shares do not pass to shareholders unacceptable to other shareholders. Once you have formed your corporation you or your attorney are going to need to attend to annual filings with the state. For the most part what you are going to need to be concerned with is a statement of officers and directors that is usually required to be filed every one or two years. But you are also going to want to ensure that you stay in compliance with your state's corporate requirements, which having an attorney for this can be very helpful in keeping up with any new laws. The best news is that all of this can actually be online through an attorney's office or you can find online services that offer you online incorporation for a small fee in addition to the fees that you are required to pay to file your paperwork. If you decide to incorporate your business online through a service or an attorney you are going to want to do plenty of research on the company and what is required for forming a corporation so you know that everything is getting done that is supposed to be. What are the requirements for the director of the corporation? What is a registered agent? Can you act as your own registered agent as long as your registered address is within the state that you are incorporating in? How long does the incorporating process take? Where should you incorporate your business? Search our site for more information: Rate This Post
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