Legal Question in Business Law in California

Inc.

I am starting an online business. What are the advantages and disadvantages of Inc. my business?


Asked on 10/09/06, 12:54 pm

4 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Inc.

Here are 6 good reasons to incorporate or form an LLC:

1. Protect yourself from personal liability. If the Corporation or LLC signs lease, you�re not personally liable unless you sign a personal guarantee. The same is true if the Corporation or LLC borrows money. The Corporation or LLC can also buy goods and services on credit and you won't be pesonally liable

2. Business Tax Deductions. You can take what would otherwise be non-deductible personal expenses and turn them into legitimate deductible business expenses. Consult a CPA for more details. The goal is to convert as many non-deductible personal expenses into legitimate deductible business expenses, in this area, there is no limit to what the mind can conceive

3. Privacy. The Corporation or LLC can be established in such a way so that shareholder/owners remain anonymous, many times the same anonymity can be accomplished for officers and directors.

4. Use of a Marketing framework. Doing business as an LLC or Corporatino can give the business the appearance of being much bigger than it is and you can attract investors more easily.

5. Raising capital. Because of the ease of transfer of ownership and the "separate entity" concept of the Corporation or LLC, it is much easier to attract investors than otherwise

6. Easy transfer of ownership. An interest in an LLC or corporation is easier to transfer than a sole proprietor ship.

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Answered on 10/09/06, 1:04 pm
Michael Cohen, Esq. Law Office of Michael N. Cohen, P.C.

Re: Inc.

There are potentially several. The biggest is the creation of limited liability ability, i.e. in the event you are sued, your business rather than you personally will be liable (assuming you do not have a sham corporation). There are also several tax savings that are not possible as a sole proprietorship.

You should also consider forming a LLC. Each has there own characteristics. A corporation also has two different tax elections (c or s) which may result in very different tax ramifications. I have articles on my website regarding this topic. Feel free to contact me for more information.

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Answered on 10/09/06, 1:08 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Inc.

You should incorporate. I can help you and advise you as to your start up for about $500.

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Answered on 10/09/06, 1:27 pm

Re: Inc.

See my article CHOOSING THE CORRECT ENTITY IS IMPORTANT FOR SMALL BUSINESSES at

http://www.legalwarriors.com/articles.htm

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Answered on 10/09/06, 3:17 pm


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