The type of business organization you choose for your company or corporation is essential to its success. I strive to help businesses determine the best organizational structure to help meet their goals and future needs. In the initial stages, I counsel business clients on the advantage of the different business forms and help them select the form that meets their needs. For an incorporation filing, there are four basic types of business entities: C-Corporation, S-Corporation, Professional Corporation, or Non-Profit Corporation.
C Corporation
There is really one major distinction that sets a corporation apart from other business entities. A corporation is truly separate from the people who own and manage it. As a result, the corporation must pay it’s own taxes…they are not paid by the owners or managers. Owners, for example, only pay taxes on money that the corporation pays them in the form of salaries and bonuses, just like in any other job.
S Corporation
An S-Corporation is a regular corporate structure, which has selected an S-Corporation tax status. When this is done, the owner still gets the liability protections of a corporation; however, all of the tax responsibilities pass directly through to the owner as if he or she were a sole proprietor. All profits or losses would appear on the owner’s personal tax returns. NOTE: Any corporation can elect S-Corporation status after it has been formed. The process requires submitting specially prepared tax forms to the IRS and may require a state level filing as well.
Sole Proprietorship
A sole proprietor is the sole owner of a business. He or she is personally liable for all debts and obligations of the business including liabilities resulting from actions by employees. Profits from the business are taxed as individual income. The sole owner is also personally responsible for the payment of all Social Security taxes, withholding taxes, and unemployment and disability insurance contributions deducted from his employees’ wages, as well as his own contributions. There is no separation of identity between the owner of a business as an individual and his identity as the sole proprietor of his business.
Limited Liability Company
Forming an LLC will provide you with liability protection, useful tax benefits, and a business structure that will allow your organization to grow. The entire order process will take less than 3 minutes, and then I'll do all the work to form a LLC for you. I'll prepare the paperwork, submit to the state, and pay all fees. I'll also follow up with the state to make sure that your filing gets approved.
Nonprofit Filing
Improving communities and changing lives A nonprofit, or non-profit corporation, is a company or organization formed for purposes other than making a profit. Like standard for-profit corporations, nonprofits provide limited liability protection. The personal assets of directors and officers typically cannot be used to satisfy the debts or liabilities of the nonprofit.
Advantages of a nonprofit corporation Nonprofit corporations typically offer certain benefits:
I will complete all your Federal & state filing forms along with your articles of incorpration, bylaws, conflict of interest policy and your required present and future budgets.
Advantages of a nonprofit corporation Nonprofit corporations typically offer certain benefits:
- Limited liability protection. Directors and officers are typically not personally responsible for the nonprofit’s debts and liabilities.
- Tax-exempt status. Nonprofits can apply for both federal and state tax-exempt status.
- Access to grants. Some nonprofits are eligible to receive public and private grants, making it easier to get operating capital.
- Tax-deductible donations. With 501(c)(3) nonprofits, donations made by individuals to the nonprofit corporation are tax-deductible.
I will complete all your Federal & state filing forms along with your articles of incorpration, bylaws, conflict of interest policy and your required present and future budgets.
Corporation Disolution
Need to dissolve your corporation? Don't delay. Don't procrastinate. Delay will cause another $800 minimum franchise tax payment to fall due. Delay may result in the California Secretary of State changing the status of your corporation from "active" to "suspended." Under California tax law there is no such thing as an inactive corporation. Prompt dissolution will let you: Stop filing State and Federal corporation tax returns (after the final returns) Stop filing the annual Statement of Information (Secretary of State Form SI-200) Stop doing annual board and shareholder minutes. You will NOT be required to submit - to anyone - financial statements or balance sheets You will NOT be required to sign any written assumption of the corporation's liabilities What's covered? All filings with the California Secretary of State all filings with the California Franchise Tax Board all contacts and correspondence to / from the Secretary of State and Franchise Tax Board Obtain a Tax Clearance Certificate from the California FTB Legal advice and consultation concerning the dissolution.
You must be current, or you must become current on your taxes prior to the dissolution process. The FTB will advise the Law Office if the corporation is not current with its taxes or returns.
You must be current, or you must become current on your taxes prior to the dissolution process. The FTB will advise the Law Office if the corporation is not current with its taxes or returns.