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08.30.06
The Ups And Downs Of Incorporating
By Chris Malta and Robin Cowie
You may not have considered it, but if you're starting an internet business, you're starting an actual business-and that means constructing a legal entity, usually a sole proprietorship, a LLC, or a corporation.
By default, you have a sole proprietorship, but this formation offers you little in the way of protection or tax benefits. So what about your other options?
Limited Liability Companies (LLCs)
• The Upside: Your personal assets aren't exposed in a lawsuit relating to your business. This is especially important if you sell products that are costly, or inherently risky, like heavy machinery or used manufacturing equipment. With an LLC, an unhappy customer can only sue your business; they cannot come after your personal assets, such as your home, cars, or personal bank accounts.
• The Downside: You, as an owner, are legally unable to
draw a salary. You may, instead, take a percentage of
the company's profits. This usually means that, after
the business expenses are paid each month, you and any
partners equally divide the remaining profits. But you
need to remember that, because you don't deduct taxes
from a regular paycheck, you have to pay estimated taxes
once a quarter. So you need to be escrowing between 30-40%
of your gross income-otherwise, when your taxes are due,
you'll to be in serious trouble.
• The Upside: A corporation may work best for you if you have more than a few employees and are contemplating setting up a benefits program for them. According to attorney Cliff Ennico ( http://www.cliffennico.com), "You may get a bigger bang for your tax dollar by setting it up as a corporation… [because] you can do a lot more creative things with benefit programs. LLCs are limited in how they can deduct things."
• The Downside: Forming a corporation is significantly
more costly. It can cost double or more than forming an
LLC.
"There are some excellent services online right now that can help you [get] set up," says Ennico. http://LegalZoom.com and http://MyCorporation.com both have solid reputations. However, be very careful because there are also many sites that will only take you through two or three of the five or six steps that are required for you to become fully incorporated. You don't want to find yourself being audited because your "service providers" didn't tell you that you have to register for sales tax in your state.
An attorney is a more costly alternative, but they take you through every step of the process. If they miss anything, they're liable for malpractice and can lose their licenses, so they're very motivated to make sure you're set up correctly. When forming an LLC or corporation, you should never pay an attorney by the hour. Any lawyer who's been practicing for any length of time knows exactly how long this process will take them, and should be charging you a flat rate that includes all out-of-pocket costs and filing fees.
People are often surprised and somewhat nervous to realize
there are legal implications to establishing a business,
but it's not all that complicated. It's just a matter
of choosing the business structure that provides the best
tax advantages and legal protection, and then getting
set up accordingly.
About the Author:
Chris Malta and Robin Cowie of
WorldwideBrands.com are the Writers and Hosts of The
Entrepreneur Magazine EBiz and Product Sourcing Radio Shows.
http://www.worldwidebrands.com/EMRinfo for more FREE eBiz info
from Entrepreneur Magazine Radio!
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