There are two common types of businesses:
"Pass-through" Businesses
Pass-through businesses are those in which the profits and losses of the business pass through to the owners. In other words, the business income is considered as the owner's income, and the owner pays the tax on his or her personal tax return.
Separate Business Entities
Corporations are separate businesses entities. The profts and losses of the corporation are taxable to the corporation, not the owners {shareholders). Corporations are set up as separate business entities.
How are LLCs and Corporations Formed?
Limited Liability Company (LLC)Set-upAn LLC is formed when one or more business people wants to go into business together.
The owners, called "Members," file Articles of Organization and set out an Operating Agreement. An LLC is a pass-through type of business, because the profits and losses are passed on to the Members depending on their share of membership.
Corporation Set Up
A Corporation is a separate legal entity. It is formed by filing corporate organization forms in the state where the corporation is located, and by designating shareholders, each with a specific number of shares. The corporation also creates a Board of Directors to oversee the corporate business.
How are Corporations and Limited Liability Companies Alike?
Both corporations and LLCs limit the liability of the owners/shareholders from the debts of the business and against lawsuits against the business.
How are Corporations and Limited Liability Companies Different?
Corporations and LLCs are different in how they are taxed. Because corporations are separate entities, they are taxed at the corporate rate, while LLCs are taxed based on Adjusted Gross Income of the owners. Here is an example:
A corporation has a profit of $350,000 for 2007. That profit is taxed at the corporate tax rate of 35 percent.
An LLC has the same amount of profit of $350,000. Its two Members each have a 50 percent share in the LLC, so each one is taxed on $175,000 of income on his or her personal tax return. The income from the LLC is included in the 1040 on line 12, and is considered along with other income for that person or couple for that year.
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1 comment:
Great article on which entity to choose. I have, over the years founded a variety of companies and its always an early and challenging decision, consideration such as ease of management and going public come into play however, are rarely thought of at inception. Just to share with you i have found a tremendous document repository Realdealdocs.com They have sample documents filed with the SEC (some of the largest law firms in the world have worked on these documents) Its a great way to even the playing field, or to make sure you are getting your $$$ worth out of your attorney.
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