I was discussing the fun task of doing my 2010 taxes with some friends recently when the subject turned to “business ownership.” I was surprised to find the number of friends that were working as consultants or freelancers but had not “incorporated.” Since I have recently been working with a
company that forms corporations on-line (making the chore very simple), I was asked why anyone would want to spend the money to incorporate. I immediately thought the opposite – why on earth would anyone risk their personal assets for the sake of spending a couple of hundred dollars on the protection and flexibility that incorporation brings. Incorporation offers separation between the business and its owners which is known as the “
corporate veil” with that in mind here are my top 3 reasons to incorporate…
Limited Liability
No matter what state you live in, there are provisions in law that offer the incorporated protection of personal assets. Should your company get into trouble, have a “sue happy” client or get into debt, thanks to the “corporate veil” you have some protection for your personal assets and generally, they cannot be taken to satisfy corporate obligations.
Corporations are responsible for their own acts and debts – they can enter into contracts, own property, sue and be sued. A properly established corporation – operated separately and honestly offers the individual or sole proprietor personal asset protection. Without this protection your current and future assets are ripe for the picking.
Tax Flexibility
Tax pass through entities such as Corps and LLC’s typically have a fiscal year the same as the personal tax year. C-Corps can set their own their own tax year dates. Financial management can make great use of this flexibility and can offer great tax savings. Tax requirements change every year with additions and repeals – however the greater flexibility allows for better money management and most commonly lower taxes. IRS stats tell us that individuals deducting business expenses on their personal tax returns are the highest audited group. Corps earning less than $2 million a year is the lowest audited group. Naturally you should consult a tax advisor to find out what is best for you.
Credibility
Whether you are freelancing or selling widgets, you gain instant credibility with a well named business. It separates the professional from the hobbyist. Operating your business as a company is more attractive to creditors, investors, banks and prospective customers. Referrals and recommendations are more “sticky” if you have a company.
For me, an LLC was the best choice because it requires the least amount of “corporate chores.” There is no need to hold regular meetings of shareholders or board of directors – so less paperwork! With an LLC I can put shares into a living trust and I can deduct operating losses (to a certain extent) against my regular income. Should I decide in the future that I want to offer employee benefits; as an LLC, I can elect to be treated as an S or C- corporation for tax purposes.