Tag Archives: capital

Should You Incorporate Your Business?

You may have started your business as a simple sole proprietorship that files its taxes as a Schedule C on your Form 1040. As your business grows, you may want to change the structure. Here are several scenarios where it may make sense to do just that.

Reasons to Create Business Entities

  • Establishing limited liability. The primary reason businesses form corporations and limited liability companies is to create a separate legal entity that provides legal protection. If your business receives a legal summons for a claim, for example, having limited liability may protect your personal assets like your home and car.
  • Hiring your first employee. Businesses are generally liable for their employees’ actions taken on behalf of the company. If an employee performs an act that causes an outside party to sue your business, the outside party can come after your personal assets to satisfy the lawsuit if you don’t have limited liability. You should, therefore, incorporate your business if you anticipate hiring your first employee in the near future.
  • Establishing credibility. Having LLC or Inc. after your business’s name conveys maturity in your business to customers and vendors.
  • Accessing credit and/or capital. Incorporating can also make it easier for your business to obtain financing through banks or investors. Banks want to see that your business is legitimate and not simply a hobby. Bringing in investors also requires a business form that allows you to do this. Individuals often co-mingle personal funds with business activity, making it hard to consider lending money.

What you need to do

There are several different business entities to consider, including corporations and limited liability companies. There are pros and cons to each entity that must be considered. Added to the complexity are constructing the correct legal filings and related tax obligations for sales tax, income taxes, unemployment and workers’ compensation.

The process of selecting the right structure for your business is not for the faint of heart. Develop connections with professionals that can walk you through this decision-making process.

Capital Gains 101

When you sell an asset or investment, your cost basis – the amount you originally paid for it – is subtracted from the sales price to determine your capital gain on the sale:

Price Sold At – Cost Basis (Price Paid For) = Capital Gain

Do you take this cost basis into account when it’s time to sell an asset or investment? If your last tax return included some surprises on capitals gains that you incurred during the year – and the related taxes to that capital gain – then you’re probably aware of the need to plan ahead when buying or selling assets or investments.  It’s even more important in light of some recent tax law changes, including the new tax on net investment income.

Be proactive about your asset or investment sales as well as the tax implications of your capital gains.