Corporations – Should You Form One?

A corporation is a type of business entity that exists under law as a separate “person” from the shareholders who own it. Most corporations exist indefinitely. There are many reasons to operate a business as a corporation. Factors include tax savings, asset protection, the ability to raise funds by selling corporate shares, etc.

For tax purposes, you will commonly hear about C corporations and S corporations. At the federal (and usually state) level, C corporation income is double-taxed. First, income is taxed at the corporate level. Shareholder distributions are then taxed as personal income. In contrast, S corporation income is usually passed directly to the shareholders and taxed at that level instead of double taxation.

C corporations tend to be large publicly traded companies while S corporations are more common for privately held businesses. Although entrepreneurs favor S corporations to C corporations, there is a growing trend to operate enterprises as limited liability companies (LLC) instead where the tax advantages of a limited liability company are similar to an S corporation and the formalities for operating a business are less burdensome.

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Limited Liability Companies Offer Asset Protection And Tax Benefits

Operating your business as a limited liability company (LLC) provides you with some of the best asset protection features of a corporation combined with operational and taxation features of a partnership (or a sole proprietorship if there is just one member). Like Subchapter S corporations, limited liability companies can be subject to single income taxation (in contrast with a C corporation’s double taxation at both the corporate and shareholder level). Day-to-day operation and ownership of a LLC, however, tends to be easier because the formalities are less strict than those governing S corporations.

Of course, you should consult with your attorney and your accountant to discuss legal and tax issues before forming limited liability companies or changing the current legal form of your business.

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