Recent Answers to Incorporation Law Questions
LLC and corporate governance?
Incorporation
LLC
California
I recently started a small business and am in the process of setting up a Limited Liability Company (LLC). I am interested in understanding the corporate governance structure of an LLC, including the roles and responsibilities of members and managers, the decision-making process, and the procedures for resolving disputes. I want to ensure that I have the most comprehensive understanding of LLCs before I move forward.
Paul S.
Those are good questions, and one of the advantages of an LLC is that you have a great deal of flexibility in structuring its management and governance.
C corp tax advantages?
Incorporation
C Corp
California
I am a small business owner looking to incorporate my business as a C Corp. I'm interested in learning more about the tax advantages that come with this type of corporate structure. I want to make sure that I am making the best decision for my business and am looking for a lawyer to help me understand the tax implications of this decision.
Paul S.
I handle a lot of business formations, and typically only form corporations for tech startups and professionals, such as doctors and dentists. There are significant differences to how corporations are taxes vs. LLCs, and whether those are advantageous depends on the kind of business you are starting, and what your goals are.
What is an S corp?
Incorporation
S Corp
California
I am considering starting a business and I have heard about the different types of business entities. One of them is an S corp and I am interested in learning more about it. I am looking for information on what an S corp is, what its advantages and disadvantages are, and whether it is the right type of business entity for my situation. I am hoping to get more information from a lawyer to help me make an informed decision.
Paul S.
An S-corp isn't actually a type of business. Rather, it's a tax election that you make with the IRS, after forming either a C-corporation or an LLC. When you form a C-corporation and then make an S-corp tax election, you will be taxed like a partnership (if there are more than one shareholder) or sole proprietorship (if only you). If you form an LLC (which is already taxed like a partnership or sole proprietorship) and make an S-corp election, you can lower your self-employment taxes. Keep in mind, also, that there are restrictions on the number and kind of shareholders in an S-corp.