Super EXCITED right now.
Just completed an interview today with Cindy Ashton at Speaker Stardom to
support her peeps on creating a solid organized financial foundation.
I went through six of the seven steps of the "How to Be Your Own CFO"
(Click on the above link to grab your own copy.)
I thought why not share it with those who want to start a business, or who are currently in business and want to create a solid organized finanacial foundation and gain a CFO's perspective to
learn what you need to support a thriving
business.
Ready, for creating a solid organized financial foundation?
Step #1 Create an entity:
So What are the types of
business entities?
There
is no one perfect choice for any business. You must determine which of the
options best fits both your current needs and your business plans. Some of the
things you’ll consider include:
• The cost and complexity of creating and maintaining the business structures
• Your current income tax situation
• The potential risks and liabilities of your Business
• Your investment needs and income projections
The different business structures include:
• Sole proprietorship
• General Partnership
• Limited Partnership
• Limited liability company (LLC)
• S-Corporation
• C-Corporation
I will provide information on the three highlighted in red
since I have personal experience with the three.
The Sole proprietorship is the
most common form of structure in the US for one-person businesses. You don't
have to register with the state, pay annual state fees, nor do anything else
special other than obtain the required business licenses. You are the business;
and while this generally makes paperwork much easier to do, remember that you
may end up paying more in taxes with this default option, and you'll be
personally liable for all business debts and obligations.
The pros - it's easy and simple, you just need a business
license, and of course a separate bank account and business credit card.
The con's - You may end up paying more in taxes and you'll
be personally liable for all business debts and obligations.
Limited Liability Companies
(LLCs) were a
gift to small businesses. Not only are they less formal structures than
corporations to manage, they provide their shareholders with the liability
protection of corporations and the flexibility of deciding how the business
will be taxed.
By
default, a single member LLC will be taxed as a sole proprietor and a
multi-member LLC as a partnership: the profits or losses will flow through
directly to the members. However, you can elect to have an LLC taxed like a
Corporation, either C or S. With these tax elections, you get all the benefits
of being taxed as a corporation together with the greater simplicity of
managing a less formal structure.
Although
an LLC does not require the same formal paperwork as a corporation, bear in
mind that the liability protection of the company is based upon the fact that
it is an entity separate from its owners. To prove that this is the case, the
company must be run professionally. All professional organizations document
decisions; so don't forget the paperwork altogether.
The pros - LLC's provide their shareholders with the liability
protection of corporations.
The con's - Single member LLC's will be taxed as a sole
proprietor and a
multi-member LLC as a partnership: the profits or losses will flow through
directly to the members.
Corporations (S Corp and C Corp) Unlike partnerships and sole
proprietorships, corporations are independent legal and tax entities. From both
a legal and tax perspective, the company is completely separate from the people
who own, control, and manage the company.
The primary difference between an S-corp and a C-corp is how the profit or loss
of the corporation is handled.
The C-corporation pays income taxes in its own right. Shareholders of the
C-corp pay taxes only on what they take out of the corporation in the form of
salaries, bonuses or dividends. The S-corporation, on the other hand, may pay
some state and local tax in its own right, but it is primarily a pass through
entity, passing the net income or loss to the individual shareholders/owners,
who report it on their personal taxes.
A C-corporation exists only in law. Like an individual, it can incur debt, own
property, sue and be sued. It files taxes as a separate entity (like an
individual) and continues its existence despite changes in ownership or
management.
Perhaps the best aspects of a C-corporation are the large number of tax
deductions that can be taken and the range of benefits that can be offered..
There are only three ways to get money out of a C-corporation prior to
dissolution:
1. as W2 wages;
2. as
a dividend, which is a distribution of profit which has been taxed at the
corporate level, then is taxed again at the individual level;
3. as
a loan, preferably to another entity that will use the money for other
investments.
An
S-Corporation is a legal entity that is designed for small businesses, where
the owners typically need most of the money earned to pay for living expenses.
The IRS allows the shareholders of an S-corp to take money out of the
corporation two ways:
- as
W2 wages, with the attendant payroll and income taxes;
- as a distribution, with attendant income taxes only. No payroll or
self-employment tax is owed on this money
The pros
- An S corporation, or S corp, lets you avoid self-employment taxes or
equivalent payroll taxes on some of the profits you take out of the business. Often times,
in fact, an S corporation saves a business owner thousands of dollars a year in
self-employment or payroll taxes.
The
cons - There are restrictions on how distributions are split among
shareholders; and unlike C-corporations, there are severe restrictions on who
can hold the shares of an S-corp.
Should I form an LLC (Company) or Corporation?
Let’s assume that you’ve decided limiting your personal liability and saving
money on taxes is a good idea. Now, you have two main choices – form a
Corporation, which is the more familiar approach, or try out the new
streamlined Limited Liability Company (LLC). Which do you choose?
Like anything, there’s no one "right" choice. However, there are a
few guidelines you can follow.
When an LLC might be a better
choice
The LLC is simple and flexible, and therefore makes the better choice for most
small businesses. It also combines the liability protection of a corporation
with the flexibility of deciding your tax election. This is especially useful
if your business will hold real estate that is increasing in value. You
certainly want the liability protection in case you are sued by a tenant.
However, in a C-corporation, when the property is sold the gain will be taxed
as ordinary income at the prevailing tax rate for the corporation. If the gain
is significant, this rate can be quite high. Moreover, if the gain is
distributed to the shareholders in the form of a dividend, the proceeds will be
taxed again at the individual level. In an LLC taxed as a partnership or sole
proprietorship, the gain will flow down to the members as passive income to be
taxed as long term capital gains without payroll or self-employment tax or
double taxation.
This is just a brief
overview of a few choices. I recommend
you have many a conversation with your CPA, or contact Legal Zoom to ask
questions to help you understand which entity will be right for you and your business.
The more time you
spend on research and learning, the more informed you will be. Repetition, repetition, repetition is my motto and it's how we learn and absorb new information. Ask plenty of questions and do not take any answer for granted.
Another great resource for you to learn about entities is:
Warmly -
Debbie Rosenfelt
Chief Heart Officer
