1. Tax Advantages – When set up properly the proper legal entity gives you significant tax advantages. This is what I mean when I talk about creating a tax-advantaged environment.
2. Asset protection – This is so important into today’s litigious society. When you have assets that everyone knows about, you are inviting others to come and get them! It is your legal right to protect what you have worked so hard to earn!
Here are some of the highlights from last night’s Connector call. Key points to remember:
1. The right entity structures separate you from your business. This keeps you and your assets apart so that if one or the other has any legal challenge, your entire financial system is not at risk.
2. Sole Proprietorships are great for startups because they are low cost, simple and still have some tax benefits. There are lots of tax deductions available to this entity. This might be a good structure for a very small business where a person is a freelance writer or a network marketing rep where there is really very little risk. Downside is – very risky if you get sued. Tip – Once you start to make over 60k or so find a more protective entity and have an attorney set it up properly. Another downside to this entity is that there are over 90 million lawsuits filed in the U.S. each year and sole proprietorships are quite vulnerable.
3. The Secretary of State in each state is where you can go to begin your business name search. This is just a starting point. Business names need to be registered in the state where they reside but you will also need to begin the trademark and registration process. Just because a business name is available on a local level doesn’t mean a larger corporation hasn’t registered the name nationally. Use an attorney on this.
4. LegalZoom.com and other similar services may be useful for legal documents when you have enough experience to know what to look for. For example: If you need an operating agreement for a new LLC you are setting up and you’ve done it before, LegalZoom might provide a starting point as a template to save you some time and money. But, be careful. Complicated entities require quality legal advice.
5. Real Estate – Never, ever put it in your own personal name. Always use an LLC or another entity but having real property in one’s name invites trouble. There is a lot of exposure in the real estate world so don’t risk it. No sole proprietorships in real estate.
6. General Partnerships – These are a little like sole proprietorships but require two or more partners. There are some benefits when you are fortunate enough to find a partner who is equally committed and capable of doing his/her share of the work (although that’s rare to find the perfect balance). Great for small business with clearly defined and divided responsibilities.
General partnerships can be easier to raise capital or get loans for a start up. Each partner files their own tax returns and all income and losses flow through to the individual partners. Downside – Some states require termination of the partnership when death, retirement, withdrawal, or resignation occurs.
There are ways around that but that’s fairly typical. More complicated than a sole proprietorship but there’s no double taxation that can occur in a c-corp. Exposure is high as all partners are responsible for the actions of the other partners. You better know your partner real well!
If you want to join our weekly wealth building coaching program to learn how to grow and protect your financial future, drop me a note, give me a call, or visit my site for more info. Of course, all that said, the information I provide here is for educational purposes only so always get appropriate legal and accounting advice from professionals you trust.
Have a prosperous day!
Gabby Huguenin
Wealth Coach
208-263-7202
By the way, if you are facing some tax challenges, cash flow issues, or need a solid asset protection strategy, please give me a call! We have a number of powerful wealth building programs to help you in the process of building financial freedom.