Owners' personal assets are protected from business debt and
liability
Corporations have unlimited life extending beyond the illness
or death of the owners
Tax free benefits such as insurance, travel, and retirement
plan deductions
Transfer of ownership facilitated by sale of stock
Change of ownership need not affect management
Easier to raise capital through sale of stocks and bonds
Disadvantages
More expensive to form than proprietorship or partnerships
More legal formality
More state and federal rules and regulations
Close Corporation
Limited to 30 to 50 stockholders
Directors must first offer the shares to existing stockholders
before selling to new shareholders
S Corporation
All income or loss is reported only once on the personal tax
returns of the shareholders
Shareholders are exempt from personal liability for business
debt
Maximum number of shareholders is 75
May be held by a new "electing small business trust."
Allowed to own 80 percent or more of the stock of a regular
C corporation
allowed to own a "qualified subchapter S subsidiary." The parent
S Corporation must own 100 percent of the stock of the subsidiary
Shareholders must be citizens or residents of the United States.
Nonresident aliens cannot be shareholders
S Corporations may only issue one class of stock
No more than 25 percent of the gross corporate income may be
derived from passive income.
Can generally provide employee benefits and deferred compensation
plans
Exclusions:
A financial institution that is a bank;
An insurance company taxed under Subchapter L;
A Domestic International Sales Corporation (DISC);
Certain affiliated groups of corporations.
Limited Liability Company (LLC)
Advantages
Protection of personal assets from business debt
Profits/losses pass through to personal income tax returns of
the owners
Great flexibility in management and organization of the business
LLCs do not have the ownership restrictions of S Corporations
making them ideal business structures for foreign investors
Disadvantages
Limited life (not to exceed 30 years in many states)
Do not have stock -- and the benefits of stock ownership and
sales.
This is a highly technical subject and if you require further
information, it is recommended that you communicate with the Internal
Revenue Service, and consult competent professionals such as a qualified
tax accountant and an attorney. To read more about this subject
CLICK HERE.
How
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How
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How to Form a Corporation, LLC or Partnership in Florida (QuickStart)
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