Benjamin Franklin said that there are two sure things in life, death and taxes. Two things new entrepreneurs can do to cut their biggest expense (taxes), and give themselves legal protection is finding the right tax entity. This is one of the simplest ways to boost the bottom line on your income statement, and at the same time give yourself legal protection. This is the first of more posts to come about asset protection and tax savings.
To illustrate how ignoring this can be a huge problem. Let’s say we start up a lemonade stand as our business. And we have a very profitable first year. If we don’t pick an entity we are by default going to be a sole proprietorship on our tax return. So when we go to do our taxes we fill out a Schedule C where we can put down our profits and expenses, and we are done. The only good thing about a sole proprietor ship is how easy it is, and if we just have a small lemonade stand that pulls in a couple hundred a year that would be fine.
Now lets say we make a couple of thousand or more with our lemonade stand. We will not only pay our regular income tax on that, but we also bay another 15 percent extra of self employment tax, and depending on your state you can pay another 10-15 percent more for state income taxes. If you are really well off, you could be paying upwards of 65 Percent of taxes. You should never cheat on your taxes, especially when you’re a sole proprietorship because by filling out a schedule C, according to the formulas for choosing who to audit, the IRS is four more time likely to audit you because of the high rate of abuse the schedule C goes through.
Now let’s say that in your business someone trips on your property or drinks a glass of lemonade that they claim was contaminated, and so they file a lawsuit against you. Well, you being a sole proprietor, if you lemonade stand assets aren’t enough to satisfy any judgments that may fairly or unfairly pass against you, they can go after your car, boat, house, and the family jewels. This is because you secure any debts and judgments with your personal assets as well as business assets. They can do this because there is nothing in state law that will give you any better protection with being a sole proprietorship.
The best thing you can do to help save on taxes and give you better protection is choosing the right entity. You have four entities to choose from: Sole Proprietorship, Partnership, S-Corporation, and C-Corporation. Here are some general information about their strengths and weaknesses:
Partnership: This is an extremely flexible entity, allowing you to put money in and out a variety of ways without having to jump through loops like the s and c corporations do to get money out tax free. There are different types of partnerships like general, limited liability, and limited liability limited partnerships. To keep things simple general partnership is like a sole proprietor ship with more people, so not only can you get yourself into trouble, but your partner’s mistakes can cost you your house and family jewels too. The other types will give you better asset protection. I can save on taxes and it decreases you chance at an audit.
S-Corporation: This provides a really strong asset protection, and it also can save on taxes because you can save on self employment tax. Generally it is more difficult to get money in and back out without tax consequences. It will also significantly decreases your chances on an audit by the IRS.
C-Corporation: This generally provides the best asset protection, however it tends to cost the most as far as taxes go because it has its own set of very high income tax rates. However this, like all the others, can be tactfully used to fulfill your goals and fit your individual needs.
I will continue to post more asset protection and tax savings advice, but it is important that my purpose in doing so is to educate you to be able to ask the right questions when you talk to your accountant or tax coach. The tax and asset protection laws are very complicated, and what information I have given is very general, designed to open a new world in which you can seek the appropriate professionals and ask good questions to help you maximize your business. Best of Luck on you business ventures!