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S Corp How To

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As a new entrepreneur or small business owner, it can become a daunting task to determine the legal stance of your business. Corporations are favored because unlike sole proprietorships and partnerships, corporations provide liability protection. The business owner and their personal assets are protected from any debt acquired by the company. How you choose your legal structure, depends on your current situation and how you want to grow your business. There are two types of corporations to choose from S- Corporation and C- Corporation.



There are several differences between owning an S- Corporation and a C- Corporation. If you business is searching for a more flexible structure, you would choose an S- Corporation. Businesses looking forward to raising capital while having preferred stocks and dividends, a C- Corporation is a perfect fit. Here are just a few advantages and disadvantages of an S and C- Corporation:

S- Corporation-

Advantages: This is a great decision if your business is looking to have a limited number of shareholders and a traditional management model. S- Corporation has a proven track record through the IRS and the courts. This is proven because S- Corporations flow though a tax treatment that is inviting to the shareholders or owners that use start up losses in order to offset income from different sources. The reasonable costs of setting up your S- Corporation and filing the required documents vary between $100 and $400 depending on your location.

Disadvantages: The disadvantages of having an S Corp is that your business is limited to 75 share holders who must be US citizens or resident aliens. You are not allowed to have multiple classes of shares with an S Corp. Also, the Federal Insurance Contributions Act requires S Corporations to pay a percentage of your income to Social Security and Medicare tax for your employees, where it is withheld for your employees.

C- Corporation -

Advantages: If your business leans toward capital gains and multiple shareholders, then you may want to file C- Corporation. This is preferred by venture investors because the shareholder can acquire preferred stock. Investors favor this structure for its dividends, liquidation and merger as well as options to convert to common stock to participate in the future growth of the company. Converting an S- Corporation into a C- Corporation is a simple task by revoking the S-election. C- Corporations are also allowed to have multiple stock classes, which are not restricted to voting or nonvoting owners.

Disadvantages: One disadvantage of owning a C Corporation is the double taxation on its profits. This works by taxing corporate level profits and taxes again at the shareholder level. If you invest capital in your company instead of the shareholder, you may be exempt from double taxing. FICA regulations do not apply to C Corporation employees.

Despite the varying differences between choosing an S- Corporation or a C Corporation, one thing remains clear. Both S and C- Corporations give your business the needed lifespan, in case of an unforeseen event. This gives you the business owner an irreplaceable level of security. If you are considering incorporating, please consult your business attorney to find the best choice for your company.
S Corp How To
If you run a successful small business you may have thought about incorporating. You have probably heard of the many benefits that incorporating offers a small business owner, but you always heard that setting up a corporation was both expensive and timely. The way it used to be was you would have to go to a qualified attorney specializing in incorporating small businesses. Thanks to the many online incorporating resources available today, incorporating can now be set out at a reasonable cost, and with relative ease. The key to setting up a corporate entity is guidance, which allows you to submit the proper forms to the proper agencies. There is no need to pay an expensive attorney to fill out those forms for you; you can do it yourself with a little bit of research.

The most difficult part of incorporating your business is not the incorporating process itself, but rather choosing an appropriate entity that is suitable for your needs. Some of the common choices include a Limited Liability Company (LLC), an S corporation, or a C corporation. This is not a one size fits all choice, what might be appropriate for one small business owner, might be the opposite of what another small business owner needs. You will have to do a little bit of research, as each corporate structure has its positives and negatives. If you take a look at a corporate entity table, you will be able to weigh your needs with the corporate structure that is right for you.

The first corporate structure will take a look at is the C Corporation. A C Corp is what you think about when you think big business. C corporations are probably most suitable for large-scale corporations. The reason being is that they are the most complex to operate. You must hold annual stockholder and Board of Directors meetings, and keep track of corporate minutes. In addition to the more complex record-keeping C corps are the most expensive corporate structure to operate. You will have to file to different tax returns, one for yourself and one for your corporation. Depending on your state you may have to pay additional taxes, like in the case of California. It's also important to realize that double taxation is a possibility, without proper planning, this adds to your costs. Now, these negatives don't come without their positives. C corporations offer the most benefits of all the corporate structures. You get full deductions for health and disability insurance. Full deductions for medical expenses, above and beyond any existing coverage. Stock options are treated favorably, due to capital gains. Moreover, life insurance, pension plans, and dinner allowance are just some of the many benefits available.

The S Corporation offers many of the fringe benefits associated with C corporations, but without a lot of the headaches. You don't have to deal a double taxation, and income and/or losses flow directly through to the owners. You are, however, limited to fewer than 75 stockholders, the stocks must be United States owned, must be a domestic corporation, and only offer one class of stock. Much like to C Corporation you must keep corporate minutes, and you must hold stockholder and Board of Directors meetings annually. The most attractive benefit the S Corp offers is the self-employment tax benefit. With S corporations you can save up to 50% on your Medicare and Social Security taxes. If you make more than the $102,000 (2008 limit) your Social Security savings will be nonexistent.

The Limited Liability Company, or LLC, is popular for many small businesses, as it is the easiest to administrate. You do not have to hold board of director meetings, stockholder meetings, or keep track of corporate minutes. LLC's offer superior liability protection. There are also no restrictions as far as member numbers, foreign investors, like the case is with an S corp. The Limited Liability Company is the preferred choice when it comes to businesses that deal in real estate. Real estate gains are taxed at the capital gains rate within an LLC, whereas C corporations are taxed at the corporate tax rate. Now, the downside to an LLC is that you don't get the self-employment tax benefits. So, if you make considerably less than the $102,000 limit, you may be better off with an S corp. If you are considering a Limited Liability Company it's important to check with your specific state for LLC specific taxes.

The above corporate structures come with their benefits and drawbacks. The important thing when selecting an appropriate corporate entity is to find out what's best for your individual business. We all have different businesses, with different business needs, what might be right for one business owner might be the wrong choice for another. So, make sure to do your homework, when choosing between a LLC, C corp, or S Corp, you and your business will be rewarded.
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Both Joe Cline & Mike Trudeau are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Joe Cline has sinced written about articles on various topics from Home Based Business, Education Toys and Pets. Joe Cline writes articles for Cronfel Firm. Other articles written by the author related to. Joe Cline's top article generates over 5000000 views. Bookmark Joe Cline to your Favourites.

Mike Trudeau has sinced written about articles on various topics from Home Security, Finances and Home Buyers Guide. If you'd like more information on incorporating your small business, you can visit the site for specific details. For more on choosing between an. Mike Trudeau's top article generates over 18100 views. Bookmark Mike Trudeau to your Favourites.
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