Business Organizations

Peach Arch, Blaine WA USA/Canada Border (click link) 
Business Organizations
Anyone can start their own business at any time. Business is described as transaction between parties, such as seller-vendor or professional service provider user's relationship. These business parties (sellers/service providers) have the intention of making of profits as the result of their transactions in trade, profession, service, venture, and manufacturing activities.

Starting your own business can be easy if you have done your research right from the start to the end of your business period (fiscal period). Also, it’s easier for you to report to the tax agency, Internal Revenue Service (IRS) related to your business activities during the taxation year when start-up and bookkeeping records are done properly.

7 Basic Things You Need To Know During Start-up Year:

(1) Types of Business Organizations
(2) Choosing Business Products or/and Services
(3) How to keep business records
Hiring Employees or/and Contractors
(5) Year-end Requirements
(6) Dealing with the tax authority (IRS)

(7) Preparing for the next fiscal period

Types of Business Organizations:
(a) Sole Proprietorship
(b) Partnership
(c) Corporation
Blaine Washington USA/Canada Border (click link)
Sole Proprietorship

It is defined as unincorporated company or business. It is usually common to an individual who provides services, sells and manufactures or produces products for profit to adapt this type or business organization. Although it is recommended to register the sole proprietorship with the governing agency where your business place is, but it is not mandatory to register it.

Getting into MLM business as an Independent Associate is an example of a Sole Proprietorship.
As to debts or liabilities obligation, the owner and sole proprietorship entity are not separated from each other. Thus, if company incurred company debts or liabilities obligations, the owner is 100% liable. However, the operation of the business is viewed as separated from owner’s personal activities of the owner. Also, the same way as to reporting for tax purposes, business activities (reporting of income and expenses) reported separately from owner’s personal financial activities. Sole proprietor will be taxed as an individual for their earnings.
Blaine Washington USA/Canada Border (click link)

It is defined as unincorporated company or business. This type of business organization is composed of two or more owners as partners. There are types of partnership formation: (1) General Partnership, (2) Limited Partnership (LP), (3) Limited Liability Company (LLC), and (4) Limited Liability Partnership (LLP).

Just like sole proprietorship, General Partnership company’s debts or liabilities are 100% obligation of the general partners. Though it is highly recommended, formation of general partnership agreement should be in writing, but is not mandatory. Having partnership agreement makes it easier to all parties involved as to the division of profits each period, and distribution of resources upon dissolution of the business. As to Limited Partnership (LP), LLC and LLP, these types of partnerships require filing to appropriate agency. Filing of certificate is required for LP; filing of articles for LLC; and filing of statement for LLP are required.

Limited Partnership (LP) requires at least one general partner who manages the business, limited partners have no management privileges. As to Limited Liability Company (LLC), members don’t have general partner (s), members are managers themselves. LLC members are not personally liable more than their investment. As to Limited Liability Partnership (LLP), just like LLC, no need of general partner(s), LLP members are managers, and only liable as per LLP obligation, except in the case of LLP member’s own negligence.

In partnership, accounting and taxation are viewed as separate from the company operation and partners/members personal financial activities. Partnership is not taxed directly, but considered as a “flow-through” income to partners/members. The partnership net income reported to the IRS by filing a partnership information tax form.
Blaine Washington, USA/Canada Border (click link)

Corporation is an incorporated entity, which filed an Article of Incorporation Charter to governing agency. The Article has to include information of the name of the corporation, corporation registered agent, incorporators, number of shares or capital stocks issued. As a corporation, it has the right to operate as a separate entity from the owners (shareholders). It has a limited liability for owners, limited to their investment.

Corporation is usually managed by Board of Directors elected by shareholders. Board of Directors will appoint officers to run the day to day operation of the corporation, while the officer will employs manager(s), employees, and sub-contractors. The corporation and the shareholders are 100% separated from each other as to personal liabilities by the shareholders (limited to their investment). Accounting focus on corporation as a separate entity, and shareholders are free to transfer ownership (shares), except agreed otherwise.

A corporation is taxed separately from its owners (shareholders) and has to file an income tax return for the corporation itself. The dividends distributed to shareholders are taxed to them when they file their Individual income tax return. Thus, corporation income is taxed on corporate level, and taxed again on shareholders level.
Blaine Washington's USA/Canada Border (click link)
In the US, there are two types of corporation, the C corporation and the S corporation. Elected small corporations are considered as S corporations, and rest are C corporations. Taxable income of a C corporation is reported by the corporation itself (Form 1120), and reported by shareholders onto their Individual (Form 1040) Income tax return upon dividends received from corporation during the year. Corporation taxable income is taxed into two levels: C corporation and shareholders, thus double taxation occurred.

S corporation pays no income taxes (except on built-in gain in excess of stock basis and on net passive income, as examples). Alos, S corporation‘s income and allowable deductions are pass-through to a tax-exempt shareholder as unrelated business income (UBI), treated like income from a partnership entity. Thus, S corporation’s income/expenses and related items are adjusted to shareholders debts and equity. S corporation has no intention on generating earnings and profits.

Any distribution by S corporation to its shareholder is accounted by the S corporation and its shareholder according to sources of income. For example, S corporation net income during calendar year was distributed to shareholder during the year. This distributed income is includable income to shareholder’s Form 1040. Also, any dividends received from a C corporation and distributed to shareholder during the year is includable as dividend income to shareholder tax return. Lastly, if the distributed funds came from shareholder’s stock’s basis (equity), the funds are considered non-taxable since it’s a return of capital to S corporation’s shareholder occurred.
At the bridge, Seattle Washington, USA (click link)
So basically, besides having a limited liability obligation to shareholders, considered as a separate entity, having unlimited life of existence and easy transferability of ownership, both C corporation and S corporation have other advantages, like amount taxes payment. Depending on shareholders’ tax rate brackets, both corporation and shareholders can enjoy: (1) Tax Reduction (2) Tax Deferral and (3) Income Splitting privileges.
I will write more about tax issues in a later time.

Note: The continuation of this topic, "7 Basic Things You Need To Know during Start-up Year of Business" will be continued on next post, “Part 2 of 7: Choose Business Products or/and Services to Sell”.
Hope you like browsing the inserted pictures. They came from the 1000s of photos I collected. Also, make sure to "click" all the "caption/wordings" at the bottom of each picture (you'll be surprised where they are linked to!:) They are not related to the topic of this post (of course). I thought it would be nice to insert them, just to give you a break while reading this post. Until then.
Please feel free to leave comments/inquiries, or you may contact me at:
Earla RiopelBSCom(USA), DipAcc(UBC)
Main Sites:  Website Twitter ; LinkedIn ; Facebook Blogog

No comments:

Post a Comment