Business Set-up Services
- Research the business concept to make sure it's viable.
This is a crucial step and deserves a significant investment of your time.
- Choose the appropriate legal structure for the business:
a sole proprietorship, a general or limited partnership, a corporation, or a
limited liability company or partnership. The structure determines many tax
and liability factors.
- Obtain required federal, state and
local licenses or permits and ID numbers.
Business Entity Types
Corporation
A corporation is a legal entity
established by a charter granting it certain legal powers, rights, privileges,
and liabilities. A corporation can be established by a person or group of people
with a charter from the state's secretary of state. After a corporation is
created, it becomes its own entity and generally has an indefinite lifespan.
Household Employer
You are a household employer if you hire someone to do
household work in or around your home and that worker is classified as your
employee. As a household employer, you will be directing the work of the
employee(s) you hire. Some examples of household workers are:
- Babysitters
- Nannies
- Au pairs
- Cleaning people
- Housekeepers
- Maids
- Drivers
- Health aides
- Private nurses
- Caretakers
- Yard workers.
Partnership
An unincorporated organization with two or more members is
generally classified as a partnership for federal tax purposes if its members
carry on a trade, business, financial operation, or venture and divide its
profits. However, a joint undertaking merely to share expenses is not a
partnership. For example, co-ownership of property maintained and rented or
leased is not a partnership unless the co-owners provide services to the
tenants.
- Partners can be individuals, corporations, trusts,
estates, and other partnerships.
- Each partner contributes money, property, labor or skill,
and expects to share in the profits and losses of the business.
- A partnership does not pay tax on its income, but "passes
through" any profits or losses to its partners. Partners must include
partnership items on their tax returns.
Two common forms of partnerships are
general partnership and limited partnership.
Sole Proprietor
A sole proprietor is one individual who owns a company that
is not incorporated or registered with the state as a limited liability company
(LLC). Sole proprietors may or may not have employees.
In a sole proprietorship:
- The business does not exist separately from the owner.
- The risks of business apply to the individual's personal
assets, including those not used for the business.
- The sole proprietor reports business income on his or her
individual tax return.
"S" Corporation
A corporation is a person or group of people who establish a
legal entity by filing articles of incorporation with the state's secretary of
state granting it certain legal powers, rights, privileges, and liabilities. An
S corporation is an eligible domestic corporation that wants to avoid double
taxation (once to the shareholders and again to the corporation) by electing
this status using Form 2553 (Election by a Small Business Corporation).
Generally, an S corporation is exempt from federal income tax
other than tax on certain capital gains and passive income. An S corporation is
not a sole proprietor or partnership.
Reference:
IRS.gov
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