Advantages to Forming a Corporation for Small Business Owners

A corporation is a legally created body that serves toagain as income to the shareholders of the
separate the operations of a business from its owners.corporation. Other downsides include the requirement
The act of incorporation is a form of businessto have a specified management and organizational
registration that accomplishes that fact and allows thestructure, and the need to have a Board of Directors,
liabilities of a company to be legally registered with theannual meetings, and prepare reports to regulatory
state. When a business is incorporated it also has tobodies.
have a defined management and organizationalThere are a number of forms of corporate registration
structure and must meet certain conditions in order toin the United States. They include standard business or
maintain its corporate status.C corporations and S corporations. C corporations
In order to become incorporated the officers of ahave to pay income tax on all income after expenses.
company must file articles of incorporation with theS corporations have a special tax status that allows
state and pay all applicable filing fees, levies and otherthem to avoid having the corporation treated as a
registration costs. In most states it is not legally requiredseparate entity for income tax purposes. To get S
to have a lawyer in order to incorporate but mostcorporate status a business has to apply to the Internal
businesses use their lawyers and accountants toRevenue Service a 2553 Form for an exemption and
prepare the articles of incorporation for the business.if this is granted then the income is only taxable to the
There are many advantages for a business toowners or shareholders of the corporation.
incorporate. They include the separation of liabilities andThe organizational structure of a registered
interests between the company's operators and itscorporation must identify three distinct groups;
owners of shareholders. This allows the business toshareholders, directors, and officers. The officers are
operate and accumulate debts and responsibilitiesnormally appointed by the Board of Directors, who is
which are not the total responsibility of theelected by the shareholders. The officers run the
shareholders and directors of the corporations. It is alsocompany on a day to day basis and report on
much easier to raise investment funds for aactivities to the Board of Directors. The Board of
corporation rather than other forms of businessDirectors then reports to the shareholders at an annual
registration.general meeting of the corporation.
One disadvantage of having a C corporation businessMany corporations also have a Chief Executive
designation is what is called double taxation. That isOfficer who is the public spokesperson of the
because any profits that a corporation makes arecorporation and ultimately responsible for the direction
taxed first as income of the corporation and thenand operation of the business.