Due to the nature of running a business, business owners face many challenges concerning protection, tax ramifications, financial credibility and privacy. Listed below are some of the many reasons why forming a Corporation or LLC is essential to overcoming the obstacles that business owners face.
Ability to obtain money for your business by building business credit.
Protect your privacy and identity.
Protect your personal assets from lawsuits.
Access to hundreds of legal business deductions and credits.
Increased credibility
Allows a new business owner to come across as established and experienced with an “Inc” or “LLC” at the end of a business
name.
How Does The Incorporation Process Work?
Incorporation never is a one-step process. It can be complex, or trouble free. It depends on understanding the process, and making the right moves. The Business Development Division outlines here KEY actions needed. In its initial no charge consultation, it covers these areas and many more.
- Business Credit: Set it up before you incorporate. Make sure you have access to sufficient funds exist to run the business trouble free.
- Location: Determine beforehand the state(s) you want to incorporate in. For example, Nevada is very tax advantageous, and one can incorporate there without being a resident.
- Ownership: How many owners will there be? What type? Some do not allow other Corporations as stakeholders, as an example.
- Incorporation: Know what type you want? Discuss the situation with a professional: LLC, C-Corp, or S-Corp. Each lives by different parameters. One allows public share offerings to raise clients; another not.
- Legal Liability: Make sure what type of liability you have. Some incorporations make you liable for only what you invested; others for the firms total assets. All protect your personal wealth, if the paperwork is done right.
- Tax Advantages: Depending on the type of incorporation you choose, the tax advantages or disadvantages can make or break your bottom line. Know what they are before you start. Each kind of incorporation has different tax rules.
- Registered Agent: Make sure one is appointed. An RA must be on hand at all times during business hours to accept federal and state legal documents, alert you to the time their filings are due, notifying you of legal proceedings – as examples. Law demands an RA exists.
- Transferability: What is permitted if you want to sell; do not wish to work with the partners due to conflict; want to transfer your ownership; what happens in the case of one shareholders decease? What are the ownership transferability rulings by corporation type?
- Operations: Management structure, who will be responsible for what if there are several owners, what legal dictates must be maintained at federal and state levels. Some compliances are mandatory, with penalties if not followed. What’s demanded depends on the incorporation type you chose.
- Right Choice: Determine if incorporation is right for you. For some, it isn’t. Or perhaps it’s too soon, and you should consider a different company form, a partnership, and incorporate later.
That’s how incorporation starts. Many more considerations exist: “The Devil is in the details” is the saying. But the pre-incorporation process is critical to your success. Determining what each individual will have to do in a start-up is essential to avoid being hit with the unexpected, due something being overlooked.
You want to find the incorporation structure offering you the most personal and professional benefits, with the least potential trouble spots, and the highest chances of gain.