Personal Liability Protection
The primary reason small business owners choose to incorporate is to protect their personal assets, such as their home, car or family savings. In the event of a lawsuit or if your business should fail, your personal assets can not be touched, assuming you have properly formed, capitalized and maintained the corporation. This limited liability feature of corporations is not available in a sole proprietorship or general partnership, where the participants are personally liable for all business debts. Incorporation is an essential way to protect your personal assets.
As liability insurance becomes more costly for less coverage, asset protection is becoming more of a critical factor for entity selection. Incorporation provides another layer of complexity, giving you protection for your home and other personal assets.
The Tort MessIt's even worse than you think. Out-of-control lawsuits are shutting down medical practices, killing businesses and costing the economy $200 billion a year. Full Story. (Acrobat PDF) |
| Forbes magazine recently published an article stating that in the last decade, "the average jury award in tort cases as a whole has tripled to $1.2 million, in malpractice it has tripled to $3.5 million and in product liability cases it has quadrupled to $6.8 million according to just released data from Jury Verdict Research."
According to BizStats.com, only 22% of all the small businesses in America are corporations or LLCs. Over 72% of business owners are personally exposed to liability risk.
Protect yourself by incorporating!
Tax Savings By forming an S corporation (forming a corporation and electing "S"
status with the Internal Revenue Service) you may end up paying less taxes
than you would by operating your business as a sole proprietorship or
partnership.
Business owners are required to pay "self-employment
tax" which covers Medicare and Social Security; it's usually
calculated on 15.3 percent of profits. Contrast this
with an S corporation. In an S corporation, self-employment tax is due on salary
only, not your entire profits.
Here's an example: Say, in 2010, you have net income
of $90,000 and pay yourself $60,000 in salary, leaving $30,000 in the
business. As a sole proprietor, you would pay self-employment tax on the
full $90,000 ($90,000 x 15.3% = $13,770). But as an S corporation, you
would only owe self-employment tax on the $60,000 in salary
($60,000 x 15.3% = $9,180), resulting in a savings of $4,590. Ultimately, you can save thousands of dollars by forming an S corporation
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