Why incorporate? The following are
some of the main reasons to form a corporation or LLC:
To safeguard your personal assets against
the claims of creditors and lawsuits. Sole proprietors and general
partners in a partnership are personally responsible for all the
liabilities of the business, such as loans, accounts payable and
potential lawsuits. In a corporation, however, stockholders, directors
and officers typically are not liable for the company's debts and
obligations. You can also use a corporation or LLC to hold your personal
assets like a house, car or boat. If you are ever personally involved in
a lawsuit or bankruptcy, these assets will be protected. A creditor of
the owner of a corporation or LLC cannot seize the assets of the
company. Ownership in a corporation or LLC is easily transferable
to others. In Delaware, the transfer of ownership in a corporation in
not required to be filed or recorded anywhere. Retirement funds
and qualified retirement plans (like 401k) may be set up more easily
with a corporation. Your corporation can also fully deduct the cost of
paying its owner's health insurance.
Corporations are taxed at a lower rate
than individuals. Also, they can own shares in another corporation and
receive corporate dividends 80% tax-free. There are no limits on
the amount of losses a corporation may carry forward to subsequent tax
years. A sole proprietorship, on the other hand, cannot claim a capital
loss greater than $3,000 unless the owner has offsetting capital gains.
Leasing your personally owned property (real estate, automobile, or even
a domain name) to a corporation may provide tax savings to many
individuals. Capital from investors can be raised easily through
the sale of stock. A corporation is capable of continuing
indefinitely. Its existence is not affected by the death of
shareholders, directors, or officers of the corporation.
Regardless of your personal credit score, you can build a separate
credit history for your corporation by applying for and using corporate
credit.
7 Advantages of Incorporating Your Business
Advantages of incorporation over other
business entities
Incorporating your
business has several advantages over the other common business
entities that you have to choose from. This article will explain seven
of the advantages of incorporation, and maybe one or more of them will
be just what you're looking for as you decide whether to incorporate
your own business or not.
It's pretty much a given that hard work and a little luck goes a long
way towards helping you succeed. But a little knowledge, especially when
it comes to properly setting up your business, will help you stay
successful.
While most business people give lots of thought to location, store
décor, hiring employees, customer service, and management issues,
choosing the proper business structure doesn't get the attention that it
deserves.
Many entrepreneurs don't realize this, but the organization type they
choose can often determine the difference between success and failure,
especially in today's litigious society. If you have a desire to
succeed, you need all the advantages you can get. High on the list of
safe bets is incorporating your business.
Incorporating, while definitely not for everyone, offers several
distinct legal and financial advantages over the other types of
entities.
Here are seven advantages of incorporating your business:
Asset protection -
If you operate as a partnership or sole proprietor, you're subject
to virtually unlimited personal liability for lawsuits or business
debts.
If you ever go out of business or get sued, your personal assets
including your home, vehicles, jewelry, bank accounts, etc. are all
up for grabs.
This is generally not the case when you incorporate. When you
incorporate you're responsible only for your investment in the
corporation.
In fact, the limited liability feature of a corporation, while not a
rock solid guarantee, is for sure one of the best reasons for
incorporating.
Corporations are
usually much easier to sell and are more attractive to prospective
buyers than either a partnership or sole proprietorship. This is due
to the fact that a new buyer won't be held personally liable for any
wrongdoings or missteps on the part of the previous owner.
For example, if someone buys a sole proprietorship, the new owner
can be held personally liable for any mistakes or legal
violations on the part of the previous owner, even if the new owner
had nothing to do with it! But with a corporation, this is usually
not the case.
Tax savings -
Incorporating your business provides several tax advantages that
don't exist for other business entities.
When you incorporate, you create a new, separate, and distinct legal
entity. Because of this, many transactions can be structured between
you and your corporation to save a lot of money on taxes.
One example: If you own a building, you can rent office or warehouse
space to your corporation and claim depreciation and other tax
deductions for it. Your corporation can in turn claim the rental
expense. You can't do this if you're a sole proprietor or a partner
in a partnership.
Privacy and
confidentiality - Incorporating is a great way to keep your identity
as well as your business affairs private and confidential.
If you want to start a business, yet remain anonymous, a corporation
is the best way to do it. States such as Delaware, Florida, and
Nevada offer substantial privacy protection for corporations and
their shareholders.
Easier to raise
capital - When you want to raise money through loans or investment,
being a corporation can make finding and getting the capital you
need much easier.
You can simply sell shares of stock if you want to take on
investors. If you need a loan, a corporation adds clout when dealing
with lending institutions.
Perpetuity - As
mentioned above, when you incorporate your business you create a
new, separate, and distinct legal entity. This separate and distinct
entity (the corporation) can live on almost forever regardless of
what happens to the shareholders, directors, or officers.
This isn't the case with partnerships, sole proprietorships, or even
limited liability companies. The loss of the owner or a partner will
either end the business altogether or throw it into a maze of red
tape.
Increases
credibility - In today's world, most people feel more confident and
secure dealing with a corporation as opposed to other business
entities. Having CORP. or INC. after your company's name adds an
instant air of credibility and professionalism to your business
dealings.
Always be sure to consult with your business advisor and/or attorney
before evaluating any important legal or financial decisions.
While incorporating provides several legal and liability advantages, as
I've said before, it isn't for everyone or every business. But you owe
it to yourself to find out if it can help you!
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Member FINRA, SIPC and Registered Investment Adviser.