Corporation

A legal structure used in business allowed by all states that creates a distinct and separate entity by law.   Corporations can conduct business, be sued and sue because they are recognized by the courts as a unit with rights.   Corporations require their own federal identification number and must pay for the right to conduct business within the state they reside.  Two types of corporations, first is the Regular C-Corporation and the second is the S-Corporation.

Double Taxation – Not an Issue in Small Business

Double Taxation

In the world of big business corporate earnings are taxed twice under the Internal Revenue Code.  The first layer of taxation occurs with the traditional corporate income tax.  The second tier of taxation happens when dividends are issued to shareholders.  The shareholder pays an income tax at their personal rate. 

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Forms of Business Ownership

Forms of Business Ownership

When an entrepreneur starts out on his long journey of building a legacy with his business; he almost immediately focuses on the legal status of his business.   His thoughts include:  'Should I become a limited liability company or an S-Corporation?';   'What if I take on partners?'; 'How do I get more capital without giving up control?' 

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Corporate Documents – Introduction

Corporate Documents

'The job isn't done until the paperwork is complete', a popular axiom used especially in business.   It identifies with the requirement that every corporate entity maintain its legal status and understanding between all investors and the management team.  These understandings are the essence of the "formation" of the corporate entity.  Failure to do the paperwork can create legal snafus such as the loss of corporate protection for both officers and owners of the company

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Business Trusts

Business Trusts

The common law definition of a business is an investment of capital or property by individuals which creates the means to carry on towards the goal of generating a profit.   Every state recognizes different legal formats to conduct business.   The simplest and most common is the sole proprietorship .   Other forms include partnerships, limited liability company and of course corporation status (S-Corporation is a federal tax option of a corporation).   However, two states actually recognize another legal format - business trusts.

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Treasury Stock – Fundamentals of Stock

Treasury Stock

Those corporations doing well and flush with cash sometimes buy back stock from their investors. Once purchased back by the company the stock is called treasury stock. However, in small business, buying back stock can significantly alter the entire corporate control ownership and impact the long term outcome and direction of the company.

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Profit Shifting in Small Business – Internal Shifting

Profit shifting in business is a term with two different interpretations.  The more modern use of profit shifting refers to large multinational U.S. based companies shifting their respective profits to other nations with a friendlier and lower income tax rates.  This article is written to explain the older and more traditional meaning of profit shifting specifically as it relates to small business.

Limited Liability Company – Step By Step Setup

Limited Liability Company

There is multi-step process to establish a Limited Liability Company (LLC).  You must first be recognized by the state of origin and then apply to the Internal Revenue Service to identify the particular tax entity arrangement.  Both recognition processes have several steps involved.  This article guides the entrepreneur through each of the steps to create a Limited Liability Company. 

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Why You Should Incorporate Your Business

Incorporate

As a small business grows, there comes a time when the owner(s) should consider incorporating the business.  A corporation is a separate entity recognized by the state of domicile for the business.  It is as if a new life is created.  The state acknowledges the existence of this entity and therefore grants limited legal rights similar to those rights possessed by the citizens of that state. 

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