Attention Sales Professionals!
Are you operating your business as a Sole Proprietor?
Critical information on the dangers of operating a business as a sole proprietor.
Did you know that businesses could save up to 50% on self-employment taxes by forming a Corporation or Limited Liability Company?
Properly forming an Limited Liability Corporation (LLC) can provides critical legal & tax benefits to the owner of either a small or medium-sized business. By forming an LLC the owner can separate themselves from their business through the creation of a corporate entity. Furthe, an LLC is ideal for investors who choose to create wealth through either real estate or liquid assets wherein the LLC provides critical asset protection as well additional tax benefits.
Critical LLC Benefits can include:
- Tax Savings & Reduced Chance of Tax Audit
- Hidden Benefit of Incorporating
- Build Credibility with Your Customers Develop Your Professional Identity
We will discuss each of these benefits
Tax Savings & Reduced Chance For Audit: Self Employment Taxes and Deductions
First, in an effort to save money, many sole proprietors may more likely to file self-prepared, incorrect returns & therefore, under report revenue or over report deductions.
For these reasons, the IRS has audited a much higher percentage of sole proprietor tax filings than corporate filings in recent years. In fact, in the 2006 tax year, a Schedule C filer (non-farm sole-proprietors) stood a 1 in 32 chance of being audited. For non-business filers, the odds were around 1 in 124.
Sole proprietor's are required to pay self-employment tax on their business profits which currently is at 15.3%.
What does this mean for you if you’re a sole proprietor? You have a significantly increased chance of being selected for audit.
Hidden Benefits of Incorporating: Personal Asset Protection
Liability Protection: What Do You Have to Lose?
Have you considered the massive amounts of ‘what if’s’ associated with being a sole proprietor? What if an employee is injured at work? What if you can't make payroll? What if you can't pay your suppliers?
If you’re running your business as a sole proprietor, your liability for business debt is unlimited. By operating your business as a sole proprietor, you function without a corporate veil, which as a shareholder may completely ensure that you’re not liable for the debts of the corporation. However; as sole proprietor, all of your personal assets such as your home, personal bank accounts, and other valued assets may be at risk.
What does this mean to you personally?
Simply, it means that if something catastrophic occurs in your business such as downturn in the business wherein your business suffers financially, your creditors can seize personal property such as your home, retirement savings, bank accounts, stocks, cars, or any other asset you or your spouse own.
Unfortunately, we live in a litigious society, in which businesses are being sued in an increasingly higher level therefore, it is becoming ever more important to limit your personal exposure and protect yourself from liability.
In 1991 an Illinois appellate court made the following statement:
"[t]he universal rule is that the sole proprietor is personally responsible for the activities of the business." (Georsantas v. Country Mutual Ins. Co., 212 Ill.App.3d 1, 570 N.E.2d 870, 873 (1991)).
Plainly speaking this means that if someone or another company files a lawsuit against your business & you're functioning as a sole proprietor then the lawsuit generally must be brought against you individually as the owner & not against your business.
Why you ask?
For the simple fact that a sole proprietorship has no legal existence apart from its owner. (As handed down in Cashco Oil Co. v. Moses, 605 F. Supp. 70 (N.D. Ill. 1985)).
My family has worked in the marine diesel engine repair industry since the early 1960’s. Interestingly, this industry is predominantly occupied by a vast network of small service companies with my family’s business as part of this network.
Despite my constant badgering, my family continued to run their business as a sole proprietorship; finally this caught us with them as a partner stole their business out from under them & their legal standing is in question.
Not only did running a sole proprietorship cause undue anguish but they left themselves open to being personally sued by an employee had one been injured onsite.
Correctly incorporating your business creates an impenetrable corporate veil between your personal and business assets thus helping you protect your personal assets from risks or debts associated with running your business.
Build Credibility with Your Customers Develop Your Professional Identity
It is critical that you distinguishing yourself from the competition by establishing a professional identity which helps increase credibility with your customers.
Operating as a sole proprietor may lead a potential customer to assume that you’re not in business for the long haul whereas, incorporating proves legitimacy to both customers and suppliers. Adding "INC." or "LLC" after your business name gives you the credibility and professionalism that many customers are looking for.
But you have a company to manage, and forming an LLC takes time. We suggest you let Intuit MyCorporation save you time and hassle when you use Intuit's expert document filing services to take this next step.
We make LLC formation easy & affordable
Our limited liability company (LLC) formation services start at just $149 (plus required government fees). Remember, LLC formation lawyers can charge, on an average, over $200 per hour. For any business, $200 dollars an hour can best be used elsewhere in your business. With Intuit's document filing services, you'll know exactly what you need, what you are getting and how much it all costs from the very beginning.
Intuit's MyCorporation take the bureaucracy out of forming an LLC
You could file everything yourself, but when you consider the time needed to file, administer and maintain all the documents necessary to keep your business running legitimately, why would you? MyCorporation offers you serious savings when it comes to your time and resources. Once you decide to form an a limited liability company (LLC), simply fill out our online application and let Intuit take care of the rest.
In conclusion, forming an LLC is critical to not only protecting yourself & your company from liability & will increase your business credibility.
__________________________________________________
Darrell Weaver is a seasoned sales & marketing expert with 15 years of international speaking & sales experience.
To learn more, visit our site: AlwaysMakingMoney.com Learn From Experts, Grow Your Wealth.
Article is Copyright, 2008 Imagine Works, LLC
Recent Comments