disabled access credit

Business Tax Credits

Tax credits help your business save money by cutting your tax. Tax credits are especially beneficial to those in lower tax brackets. The key to utilizing these credits is understanding what tax credits your business may qualify for.

For a full list of possible business credits and their associated tax forms, click HERE. Otherwise, here are some more common credits available to you:

Disabled Access Credit

If you provide access to your business for people with disabilities, you could be eligible for a credit. This credit is applicable to the expenses incurred in making improvements to your business to increase access. The credit amount is up to 50 percent of the cost of your upgrades, but cannot exceed $10,000 per year.child care credit

Employer-Provided Child Care Credit

These days, child care costs are an exponential expense to your employees. Businesses who directly pay for the child care expenses of its employees can claim this credit. This credit is for up to 25 percent of childcare expenses, with a maximum of $150,000 per year.

Investment Credits

What does your business invest in? If you choose to invest in reforestation, building rehabilitation and alternative energy properties, you could receive a credit of 10 percent of these investments. This credit has a $10,000 per year limit.

Research Expenses Credit

This credit is in place to encourage domestic research and development. The calculation of this particular credit is less straight-forward, and the definition is broad. Generally speaking, the following activities may qualify your business for this credit: developing prototypes or models, streamlining internal processes, environmental testing, applying for patents, etc.research credit

Small Employer Pension Plan

You don’t have to be a big business to provide your employees with a pension plan. This credit applies to starting a pension plan for your employees. The credit is for up to 50 percent of setup costs, not to exceed $500 per year.

Work Opportunity Credit

If your business hires employees that have faced significant barriers to employment, you could qualify for this credit. Such individuals might include veterans, food stamp recipients or ex-felons. The credit amount is calculated based on the wages paid to these types of employees, but range from $1,200 to $9,600.electric vehicle credit

Electric Vehicle Credit

If you’re in the market for a new company vehicle, make it a car or truck that draws energy from a battery with at least 5 kilowatt hours of capacity. This hefty credit ranges from $2,500-$7,500 for qualified electric drive motor vehicles. The amount of the credit is largely determined by the battery capacity in excess of 5 kilowatt hours.

All of these potential credits should be discussed with your CPA to determine whether your business qualifies.

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business expenses

Deductible Business Expenses

The best way to find out what business expenses can be deducted from your income is to consult with your Simma Flottemesch & Orenstein representative. Reducing your business’s income by expenses means you have less money to pay taxes on. However, the scope of potentially deductible expenses is a wide range. Do yourself a favor and keep as detailed records as possible, especially when it includes the following:business expenses

General Business Expenses

Unfortunately, there is no master list of what the IRS allows your business to deduct. Instead, your CPA can help you determine whether certain expenses are incurred as a “cost of carrying on a trade or business.” At a minimum, these may include:

  • Office supplies
  • Utilities
  • Furniture and equipment
  • Software
  • Advertising
  • Rent or mortgage payments
  • Wages, salaries, bonuses, commissions and employee health insurance premiums

The IRS also requests, in the classification of these expenses, that they be “ordinary and necessary.” It defines such as “an ordinary expense is one that is common and accepted in your trade or business. A necessary expense is one that is helpful and appropriate for your trade or business.”

Other Business Expensesauto expense

You are allowed to deduct up to 50 percent of the costs of meals and entertainment when those outings are associated with business operations. Therefore, the event must take place immediately before, after or during a business discussion.

If you are staying on top of your business knowledge through the use of trade magazines, business seminars or other learning materials, these books, magazines and educational programs can be deducted from your taxes. Make sure the subject matter of these materials contribute to your ability to run, maintain or improve your business or trade.

When you start your business, any startup costs are considered capital expenses rather than business expenses, since business expenses cannot be incurred until your business is up and running. In the first year of business, up to $5,000 of your capital expenses can be deducted. What remains beyond that $5,000 can be deducted from your taxes for up to a 15-year period.

Special Expense Deductionshome office

Home office and auto expense deductions are calculated in two different ways. These methods include the standard method or the actual method. For auto expenses, the standard method is a deduction of 53.5 cents per business mile, plus toll and parking fees. The home office standard method allows a deduction of $5 per square foot, with a maximum of 300 square feet, or $1,500. Using the actual method for auto expenses requires you add up all auto expenses (gas, repairs, oil changes, etc.), and multiply the total by the percentage of miles that were used for business purposes. The actual method of calculating your home office deduction requires you add up all home expenses and multiply it by your home office percentage (office square footage divided by your home’s total square footage). For the home office, any expenses related to the space are included if the space is used exclusively and regularly for business.

Working with a CPA from Simma Flottemesch & Orenstein will maximize your business expense deductions by making sure all expenses relevant to your business are accounted for. Doing your taxes yourself often leads to these deductions slipping through the cracks or being inaccurately recorded. Get peace of mind when you prepare your taxes with a professional from our offices.

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tax calendar

Tax Date Calendar for Small Businesses

April 15 may be in your rear view mirror, but your business still has tax-related obligations throughout the year. Don’t let these dates sneak up on you unexpectedly. Know what you need to file and when for the upcoming year:tax preparation

June 17, 2019: Q3 Estimated Quarterly Income Tax Payments Due

If your business pays estimated quarterly taxes, and these payments were prepared along with your Simma Flottemesch & Orenstein tax return, this is the deadline for your Quarter 2 payment.

September 16, 2019: Q3 Estimated Quarterly Income Tax Payments Due

Time to make your Quarter 3 payment.

September 16, 2019: S-Corp and Partnership Extension Deadline

Did you receive an extension for your S-Corp or partnership tax return? Then this is your deadline for submitting the return and payment.

October 15, 2019: Extension Deadline for Individuals, Sole Proprietors, LLCs and Corporations

This is the deadline for submitting your return and payment for any extended individual, sole proprietor, LLC or C-Corp tax returns.

December 31, 2019: 401(k) Deadline

Any contributions to you or your employee’s 401(k) but be completed by the end of the year if they’re to count toward your 2019 return.tax calendar

January 15, 2020: Q4 Estimated Quarterly Income Tax Payments Due

The taxes that were estimated for Quarter 4 are due in mid-January.

January 31, 2020: 1099 and W-2 Mailing Deadline

For your traditional employees, you must get their W-2 forms in the mail by the end of January. Any 1099s for contractors you worked with during 2019 must be postmarked by January 31 as well.

March 16, 2020: S-Corp and Partnership Tax Return Deadline

S-Corps and partnerships must file their 2019 tax return and submit payment by March 16, a month before the individual return deadline.

April 15, 2020:

  • Tax filing deadline for individual, sole proprietor, LLC and C-Corp returns
  • Q1 estimated quarterly income tax payments due
  • Simple Employee Pension (SEP) contribution deadline
  • IRA contribution deadline, for both traditional and Roth IRA accounts

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boss

Employees vs. Independent Contractors

What is the business relationship between you and the people who do work for you? Are they employees or independent contractors? The implications of these scenarios can have big effects on your business operations, especially for small businesses. The two are very different working relationships, and incorrectly classifying your workers will likely lead to repercussions with the IRS.employees

Employees

Employees provide services for an employer. They are under an implied or express contract of hire, and this contract allows the employer to determine the details of work performance. The IRS determines whether an individual is an employee or contractor based on degrees of control and independence in the working relationship. Under common-law rules, “anyone who performs services for you is your employee if you can control what will be done and how it will be done.” Employees will fill out a Form W2, while an independent contractor completes a 1099-MISC. The default classification for workers is W2 employees.

Pros

Employers have complete control and direction over an employee’s work and wages or salary during their work time. This means, they determine training, job requirements and responsibilities for the position. Full-time employees perform 30 or more hours of work for you per week. Less than 30 would qualify the worker as a part-time employee. Generally, employees have an ongoing commitment to you and your business. Employees enjoy job security, and the lack of job security for freelancers usually leads them to charge more per job. Tasks can be permanently delegated to your employees, while freelancers have no obligation to be on call for you or your business.

Cons

There are laws and regulations you must uphold, being in charge of employees. These are required by both the state and federal government, and include regulations related to pay, overtime and other work rules. In the tax realm, if you have employees, your business is required to comply with payroll tax requirements. This includes paying half of Social Security and Medicare taxes, and collecting the other half from the employee. You are also responsible for paying unemployment insurance and worker’s compensation insurance. The added overhead of these expenses is often what drives employers to misleadingly employ independent contractors. While you are not required to offer benefits like health care and vacation time, full time employees will often expect these fringe benefits.

Independent Contractors

The IRS qualifies independent contractors in the following way: “The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.” Here, the other party is self-employed, so the two parties are acting in a working relationship between two businesses, where one is providing a service to the other. When you hire an independent contractor, you can assign duties or projects, with an imposed deadline, but you cannot dictate how the job is completed. Thus, most independent contractors are hired with a contract that provides a defined period of employment, with the option to renew as many times as needed.contractor

Pros

Independent contractors can complete work and projects for multiple employers, but often provide their own tools for completing the job. They are ideal for smaller, as-needed projects for your business. As a whole, small business owners prefer to hire as-needed freelance work. Pay is usually hourly or outlined in a contract, and you are not held to a salary. Besides being responsible for their own taxes, contractors are also responsible for their own permits and professional licenses, if needed for the task.

Cons

Independent contractors are entitled to set their own hours of work. There are very little tax responsibilities you will be held to for independent contractors you hire. You will report any contractor’s income on a form 1099-MISC, but, as the hiring agent, you do not have to withhold any taxes from your payments to a contractor. However, contractors have no responsibility to you or your company, in terms of loyalty. They are free to take on work on a first term, first serve basis. In addition, they work under their own brand, not your company’s.

The difference

If the work required needs to be completed under your supervision or you have control over the tools and equipment used to complete the work, then you are hiring an employee. Also, if the work is long-term or essential to your business, you are employing an employee, not an independent contractor. If the work is not essential to your business operations, is short-term and can be done without supervision, then hiring an independent contractor is applicable.

Misclassifications

If the IRS believes you are misclassifying your workers, it may be cause for an audit. If you incorrectly classify an employee as an independent contractor, you could be liable for unpaid employment taxes. Workers who feel they have been misclassified can file Form 8819, Uncollected Social Security and Medicare Tax on Wages for the entire duration of their compensation period. If you are still having trouble deciding which category your workers fall into, file Form SS-8 with the IRS: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.

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graduate

Tax Tips for the Class of 2019

Graduating this spring? Congratulations! Graduation is a huge milestone along the road of adulthood. It marks a shift into a new chapter of your life, and, with it, your tax situation will inevitably change.

Understand your tax obligation

Up to this point, what role have you had in your tax situation? Rein in your record keeping—this means collecting the documents that detail your sources of income, receipts, student loan interest payments, and any interest you earn on your accounts. If you’re self-employed, you must keep records of your tax-deductible expenses, and consult your Simma Flottemesch & Orenstein CPA to determine your estimated tax payments for the year.graduate

Take interest in your interest

When you’re repaying your student loans, you’re also repaying the added interest. When it comes time to do your taxes, you can subtract the interest you pay from your taxable income. If you earned less than $65,000, you can deduct up to $2,500 from your taxable income. If you earned between $65,000 and $80,000, the maximum deduction amount is reduced.

*Note: If the loan is in your parents’ name, he or she receive the deduction. If the loan is in your name, but you’re a dependent on your parent’s tax return, neither receive the deduction.

Continue your education

In today’s job market, a lower level degree may not achieve all of the skills training or job requirements you need. If you opt to continue your education, utilize the Lifetime Learning Credit. As a single filer, if your modified adjusted gross income is $65,000 or less ($130,000 if you’re filing a joint return), the credit could help you recoup up to $2,000 per year spent on post-secondary coursework. While this credit doesn’t require that you are enrolled in a degree program, you must receiving the coursework from an eligible educational institution.

Utilize company programs

It is becoming less common for recent graduates to receive benefits in the workplace. So, if your employer offers benefits, utilize them. Contribute as much as you can to the company 401(k)—you’ll be receiving free money down the road if your company offers a contribution matching program. Know when enrollment deadlines for HSAs and FSAs roll around in your workplace. These accounts shelter your funds from taxation.graduation

Save, save, save

Retirement may seem like a long ways off, but saving early will set you up for success later in life. You can deduct up to $5,500 of your contributions to a traditional IRA each year. This money will only grow during your lifetime. What’s more, you may qualify for the saver’s credit. This credit could reduce your tax bill by up to $1,000 ($2,000 if married filing jointly). The value of your individual credit is determined by your contributions. Consult your Simma Flottemesch & Orenstein professional for details that apply to your individual situation.

Stash from your side gig

Freelance and contract positions are an expanding realm in the modern job market. There’s a sense of freedom and empowerment that comes from being self-employed, but your taxes aren’t automatically being withheld from your income throughout the year. Rather than face a huge tax bill in the spring (and maybe a penalty for not making estimated payments), most would advise that you set aside 25 percent of what you earn.

With this step, you’re facing numerous life changes, including your tax scenario. Arm yourself with the knowledge to confidently carry forward, and consult your tax professional for changes that are specific to your situation.graduate

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supplies

Deductible Business Expenses for Small Businesses

The IRS requires that deductible business expenses must be both ordinary and necessary for business operations. If an expense is common to your trade or business, it is an ordinary expense. A necessary expense is helpful and appropriate to the operations of your business or trade. Deducting these qualifying expenses lowers your income tax bill. Even common business expense deductions may not apply to your specific small business. Working with a CPA from Simma Flottemesch & Orenstein will help you hone in on what expenses apply to your business, and how to make the most of these deductions.

Common small business deductions

Advertising: 100 percent of costs associated with advertising and promotion of your business, including business cards, are deductible.

Business meals: business-related meals that can be supported with proper records (amount, date, location and business relationship of other diner(s)) are 50 percent deductible. *Tip: on the back of the receipt, write down the purpose of the meal, who you dined with and what you discussed.

Business insurance: business insurance costs can be deducted on Schedule C.

Car: if your vehicle is used solely for business purposes, all the costs associated with its operation can be deducted. More commonly, vehicles are used for business and personal use, in which case only the costs associated with business-related usage can be deducted. When you claim mileage for business use of your vehicle, there are standard mileage deductions that change yearly, or you can deduct actual costs. In 2018, the standard mileage rate was 54.5 cents per mile, while that amount has increased to 58 cents per mile in 2019.car

Charitable contributions: both corporations and individuals can deduct charitable contributions to qualified organizations on their tax returns.

Depreciation: large business items depreciate over their lifetime of use. Higher priced items with a longer life of use should be depreciated, rather than deducted upfront.

Education: costs associated with training or improving the knowledge and skills of you and your staff add value to your business and are fully deductible. These costs, for classes, seminars, subscriptions, books, workshops, etc., must increase your expertise in your current field, not qualify you for a different career.

Home office: the IRS has standardized this deduction—you can deduct $5 per square foot of your home that is used for your business. This amount maxes out at 300 square feet. It’s important that this area of your home qualify under three areas: exclusivity, regularity and precedence. This means that the area must be used exclusively for business, be used regularly for business operations or responsibilities, and be used as the principal place for conducting important business activities. A portion of renter’s or homeowner’s insurance can also be included in this deduction.home office

Insurance premiums: whether your business owner’s policy covers malpractice, flood insurance, cyber liability coverage, business continuation insurance or all of the above, the costs are fully deductible.

Interest and bank fees: interest that is incurred on business loans or credit cards, in addition to fees and bank charges on your business bank accounts, can be claimed on Schedule C.

Legal and professional fees: the fees charged by Simma Flottemesch & Orenstein to prepare your tax return are included in these deductible fees. These fees would also include any bookkeeping fees charged by a bookkeeper or bookkeeping service.

Medical expenses: as a small business, you may qualify to claim a tax credit up to 50 percent of premiums paid for employees, which would be a better tax break than a deduction. If you are self-employed and paying your own health insurance premiums, those costs are generally deductible. However, there are some exceptions, like if your spouse has an employer plan you could opt to participate in. Consult your tax professional to determine how this deduction applies to your specific situation.

Rent and utilities on business property: if your business operates in a rented space, the cost of renting the facility is fully deductible. Additional deductible utilities for the operation of this space include electricity, internet and phone charges (mobile or landline).

Salaries and wages: what you pay employees for salaries, wages, bonuses, commissions and taxable fringe benefits are deductible business expenses. Owners do not qualify as employees.

Supplies: business office supplies, furniture and other equipment are all deductible. It’s important to keep all receipts related to the purchase of these items. In today’s digital age, office electronics can also be included. Think of your laptops, tablets, smartphones and the software used to operate them in relation to business activities.supplies

Travel expenses: a business trip will only qualify as business travel if it is ordinary, necessary and away from the city or area in which you conduct business. Travel must last longer than one normal day’s work. Potentially, the deductible expenses from this travel may include transportation-related costs, meals, lodging, parking, tolls, tips, business calls, etc.

This list is by no means exhaustive, but it is a starting point for determining what business expenses are deductible on your return. Every scenario is different, and your tax professional will determine which deductions you qualify for. It’s important to keep records throughout the year of these expenses.

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self employment taxes

What Are Self-Employment Taxes?

Self-employment taxes are established by SECA tax—Self-Employment Contributions Act tax. This tax is a stand-in for FICA paid by employers and employees. When you are employed, withholding covers Social Security and Medicare program contributions. Employers must also make additional contributions to these on behalf of each employee. Self-employment taxes exist to contribute to these programs by the self-employed. The self-employed do not escape these tax obligations, and are instead burdened with the full contribution, rather than sharing the FICA contributions with their employer.self employment taxes

If you earn $400 or more from your self-employment income, you are required to file a tax return. Generally, 92.35 percent of your net earnings from self-employment are subject to the self-employment tax. Your contributions will be made in the following way: 12.4 percent to Social Security for the first $128,400 of earnings (for 2018) and 2.9 percent to Medicare on all earnings.

Figuring the tax

Schedule SE helps you calculate how much self-employment tax you owe. This amount is then reported on your 1040 as “Other Taxes.” Fortunately, a portion of your self-employment tax payments can be deducted as an adjustment to income on your 1040. Whether you itemize deductions or not, you can claim 50 percent of your self-employment tax payment as a taxable income deduction.

Estimated taxes

Again, when you work as an employee, withholding throughout the year contributes to your total tax liability. When you’re self-employed, this isn’t an automatic mechanism. Therefore, it may be worth paying estimated taxes throughout the year, in quarterly installments, to avoid underpayment penalties. Discussing your options and forming a plan with a Simma Flottemesch & Orenstein team member will help you prepare for and determine your best course of action.self employment taxes

Reducing your self-employment tax

If you’ve read our previous posts on the tax implications of selecting your business entity, then you should know that S Corp elections have the opportunity to reduce your self-employment tax liability. Under this entity, you would be paid a salary out of earnings and the remaining profits would be distributed to yourself, shareholders, partners or left in the business. The amount in excess of your salary is subject to income tax, but not self-employment taxes. In an upcoming blog, we delve into determining a reasonable salary from your S Corp.

Schedule C calculates your net profit from self-employment. Be very thorough in preparing this form, deducting every possible business expense. Business expenses must be ordinary and necessary to operate your business. Deducting these expenses will lower your net profit, and, in turn, lower your self-employment tax bill. We will dive more in-depth on what qualifies as a deductible business expense in our next blog.

 

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gift

Understanding Gift Tax

Feeling generous? A gift is a transfer of money or property to another person, without receiving full monetary consideration in return. The federal gift tax’s purpose is to prevent individuals from avoiding estate tax by giving away that money prior to death. This tax is often misunderstood because of its interconnections with the estate tax.

Your yearly and lifetime gift totals would have to be rather lofty to incur taxes. You can gift up to $15,000 in 2019 without filling out the gift tax form. The annual exclusion applies to each recipient. Therefore, you could gift up to $15,000 to multiple individuals, and the annual exclusion will apply to each gift. There’s also a lifetime gift exclusion—which rises to $11.4 million in 2019.gift

Excluded gifts

There are certain gifts that are not taxable. These include tuition or medical expenses you pay for someone (paid directly to a qualified education or medical institution), gifts to your spouse, gifts to a political organization for its use or gifts to qualifying charities (considered charitable donations). These are the only form of gifts that are deductible on your return.

Gifting specifics

If you and your spouse wish to gift joint assets, like property, your annual exclusion rates are combined and applied to the gift. Meaning, in 2019, you could gift, together, money or property valuing up to $30,000. The lifetime exclusion amount doubles for married couples as well. Special rules also allow givers to spread a large, one-time gift across five years’ worth of tax returns (thus preserving their lifetime gift exclusion). Keep in mind that interest-free loans to friends and family are considered gifts in the eyes of the IRS.gift

The paperwork

Above the annual amount of $15,000, you must file IRS Form 709 to disclose a gift. This form will report the fair market value of the gift, the date of transfer, the donor’s tax basis and the identity of the recipient. If any taxes are incurred on the gift, it is the donor who is responsible for them.* The gift tax rate ranges from 18-40 percent. As with most aspects of your taxes, the IRS favors transparency of transactions and evidence. This means, in addition to Form 709, be prepared to provide copies of appraisals for the gift and any documents related to the gift’s transfer.

*some special arrangements allow the recipient to pay the gift tax instead

Lifetime exclusion

Over your lifetime, the IRS keeps a running total of your taxable gifts each year. The IRS does not want individuals to avoid estate taxes on their assets after death by gifting away these assets during their lifetime. From year to year, if you exceed the annual exclusion amount, the excess spills over into the lifetime exclusion category, whittling away at its total. At your time of death, your estate will be exempt from taxation in the amount of your remaining total lifetime gift tax exemption. Thus, amounts in excess of the annual exclusion each year count against both your lifetime gift tax exemption and your federal estate tax exemption.

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business

Business Structure: Tax Implications

This post marks part three of our blog series debunking the business structure selection process. Today, we look at the tax implications of the structure you select. Perhaps less of an influence on your decision-making process and more an effect of the choice you’ve made, keep these items in mind this tax season and beyond. 

In a sole proprietorship situation, your business and personal taxes will not be separate because your sole proprietorship income is your income. Think of it as one income with one return. The business will not need to file its own return. This does allow you to receive the lowest tax rates of any of the business structures. Filing will involve a Schedule C (to report profits and losses) and the Form 1040 usually involved in your personal return. All profits will be taxed in the year they are earned. First-timers should prepare themselves to pay self-employment taxes. This means you are solely responsible for your social security and Medicare contributions. partner

Similarly, in a partnership arrangement, the partners will need to pay taxes on their share of profits from the business, even if that money is staying in the business. Like a sole proprietorship, an LLC is a pass-through entity. In this situation, Schedule K-1 of Form 1065 will be critical to filing.  Again, self-employment taxes will come into play on your personal return.

On the federal level, taxation of Limited Liability Companies will treat the business as either a corporation, partnership or disregarded entity. If there are two or more owners, the LLC will be taxed like a partnership: with pass-through taxation, and taxes paid on the personal tax returns of its owners rather than at a business level. If the LLC has only one member, it will be treated as an entity separate from its owner. In either case, if the LLC files Form 8832 it will affirmatively elect to be treated as a corporation. However, LLCs also have variable state tax implications based on your individual state.

Although a cooperative operates as a corporation, its operations pass-through income to its members. As we’ve seen in previous examples, this means the individual members will pay taxes on their cooperative gains when they file their personal returns. Certain cooperatives do obtain tax-exempt status. Based on these variables, tax forms for cooperatives may require 1099-PATR or 3491 Consume Cooperative Exemption Application. team

Electing to structure your business as a corporation will make it a separate legal entity from its owners. These entities will file taxes with a Form 1120 or 1120S. The primary difference between the two main types: S-Corps and C-Corps, is the tax implications.

S-Corps receive some tax savings compared to their C-Corp counterpart. Owners treat taxes on income as they would for a partnership or sole proprietorship. Shareholders are taxed on the dividends they are paid. Any remaining income is paid to owners as a distribution and thus taxed at a lower rate. Businesses might not elect to be a S-Corp because they have too many shareholders (there’s a 100 shareholder limit) or because they want to keep money in the business, a benefit to the C-Corp structure.

Corporate taxes are often lower than personal taxes, but C-Corps can incur double taxation. First, the corporation is taxed when it makes a profit. Second, these same funds are taxed when dividends are paid to shareholders or when owners draw a salary. Then again, owners will not be taxed personally if the money remains in the business.  

 

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colleagues

Business Structures: Ownership and Liability Differences

The most common differences in business structures are ownership, liability and tax considerations. When it comes to liability, it’s important to consider where you, as an owner, could personally afford liability risks. Protecting personal assets is a key reason people incorporate their business, and while some structures are easier to form than others, it can be difficult to change your entity’s structure down the line, so avoid restricting your business’s ability to grow in your selection.

Sole Proprietorship: Sole proprietorships are simplest to form, and if you don’t register your business as another entity, you’ll automatically be considered a sole proprietorship. Owned by one individual, this structure comes with the greatest personal liability. As the business grows, your personal liability will increase. Therefore, this structure is best for lower risk businesses. Also consider that it is difficult to obtain outside funding for sole proprietorships.

Partnerships: Partnerships are owned by two or more people. The partners will share in any profits, losses and decision-making responsibilities. These entities require an operating agreement that outlines the roles of its owners and the percentage of profits they each receive. Consider that you will be held liable for both decisions you make, and those made by other owners. Funding for these entities will generally come from the personal accounts of its owners, their personal credit or by taking on more partners.board room

Limited Liability Company (LLC): Forming an LLC protects you from personal liability if you don’t act in a manner that is in any way illegal, unethical or irresponsible when carrying out business activities. Personal assets and company assets are deemed separate under this entity. This structure is great for medium-high risk businesses and owners with a lot of personal assets they want to protect.

Corporation: Incorporating your business makes it a separate entity from its owners. That entity can be sued, own and sell property, and sell ownership rights in the form of stocks. No individual owner has sole or primary control. Instead, most corporations have a Board of Directors to answer to. More specifics apply depending on the type of corporation…

C Corp: C-corps are ideal for medium-high risk businesses, businesses that need to raise outside funds and businesses that intend to go public or eventually be sold. As you can see, forecasting where you would like to see your business go or grow into, is important to many of these considerations.

S Corp: S-Corps are intended for smaller corporations. There can be no more than 100 owners, and all must be United States citizens.

B Corp: B-Corps differ from other types of corporation in purpose, accountability and transparency. In some states, B-Corps are required to submit annual benefit reports to demonstrate that they are indeed contributing to the public good.

Closed Corporations: Closed corporations are similar to B-Corporations. However, these generally smaller companies are usually barred from public trading.high rise

For a more simplified depiction of this breakdown, reference the following table:

Business structure Ownership Liability Taxes
Sole proprietorship One person Unlimited personal liability Personal tax only
Partnerships Two or more people Unlimited personal liability unless structured as a limited partnership Self-employment tax (except for limited partners)

Personal tax

Limited liability company (LLC) One or more people Owners are not personally liable Self-employment tax

Personal tax or corporate tax

Corporation – C corp One or more people Owners are not personally liable Corporate tax
Corporation – S corp One or more people, but no more than 100, and all must be U.S. citizens Owners are not personally liable Personal tax
Corporation – B corp One or more people Owners are not personally liable Corporate tax
Corporation – Nonprofit One or more people Owners are not personally liable Tax-exempt, but corporate profits can’t be distributed

 

Later this week, we’ll delve into the tax differences and implications of each of these business structures.

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