...From: Hope Meeks Date: September 21, 2015 Subject: Business Structure Advice Dear John Owner, I am delighted to have the opportunity to provide you with information about the options available to you for starting a new business. I will begin with providing information on each structure along with the advantages and disadvantages of each type of business structure: the corporation, limited liability company (LLC), limited liability partnership (LLP), partnership, and sole proprietorship. The following will also explain the potential tax consequences of each structure. Corporation The third choice is a corporation; the creation of a corporation provides two structures, “C” corporation and an “S” corporation. They are similar structures, but have a few differences. The “S” corporation has restrictions on who the investors are and their number. In addition, they have differences in taxation, and both are the most difficult and expensive structures to form. Corporations have many investors, which take control of the company out of the hands of the owner; this provides extra opportunities for conflicts in decision-making. However, this type of structure has the advantages of limitless funding available from stockholders, and you will only have liability that is limited to your investment. LLC & LLP With a LLC, the number of partners is unlimited and you could have a sole-member LLC, and remain the sole owner. This structure is faces many of the same tax consequences...
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...Memo To: John and Jane Smith From: Desiree Looft, CPA Date: September 24, 2011 Subject: Explanation of tax benefits and liabilities for business and personal. 1(a) As a result of a recent court settlement for a client John earned $300,000 for his law practice LLC. He wants to minimize his tax liability and understand how the IRS will treat this money earned. He lease’s office space for $3,500 per month. He wants to know the advantages in leasing office space versus purchasing the building. John has income derived from a business and as such the gross income will be taxable. (Code §1.61-3(a)) This total amount of taxable income will pass through to his personal taxes since he has an LLC, meaning he will be subject to self employment tax. ( ) He will get a break on the self employment tax since he will get a deduction from gross income for half of the self employment tax liability. John currently has a lease payment that provides him a deduction of $42,000 per year. (Code §162(a)) He is allowed this deduction since this lease is required to be made in order for his business to continue and he has not title or equity in the building. If purchases the building he will no longer have this deduction because capital purchases are not allowed for any expenditure for new buildings or to improve property. (Code §263) John and Jane could establish traditional IRA’s and make contributions up to $5,000 each. Even though Jane has a minimal income John is allowed to establish...
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...level. Most importantly college helps to gain knowledge in personal responsibility. Personal responsibility is a state of being that enables you to hold yourself accountable for your actions and make independent choices. Even though many people have obtained a good job without a college education, college success is important because it is instrumental in gaining greater advantages in life and provides opportunities for growth and development of self. College life is full of opportunities for growth and knowledge. The demands of college work enables students learn to manage their time, practice healthy living, acquire tools for reducing and avoiding stress, surpass inner fears, and obtain inner strengths. These tools that are practiced will help make college students a more marketable comity for employment. The fall in recent job openings and the rise in unemployed citizens have made searching for an employment a competitive task. However, employers know and understand the rigorous demands of college life and value a student that has earned their degree. According to in the article, Work Ethics and Employment Status: A Study for Job Seekers by Roger Hill and Susan Fouts, states that employers search for employees that have strong work ethics and when a new hire does not have these characteristic their work lacks and the company is at risk of...
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...Special class A special class is a class consisting of students with disabilities who have been grouped together because of similar individual needs so that they can receive specially designed instruction. In special classes, the content, methodology, or delivery of instruction is adapted to ensure the student has access to the general curriculum and the opportunity to meet the educational standards that apply to all students. Special Class Services serve students with disabilities whose needs cannot be met within a general education class, even with the use of supplementary aids and services. Supplementary aids and services are aids, services and other supports that are provided in the general education classroom so that a student with a disability can be educated with his or her peers to the maximum extent appropriate. Some examples include a notetaker, instructional materials in other formats (e.g., Braille or large print), special seating arrangements, books on tape, highlighted work, study guide outlines of key concepts, paraprofessional support, a behavior management plan. Prior to the special education reform, placement in a special class was usually an all-or-nothing proposition. Under the reform, schools are encouraged to program students on an individual subject basis according to their strengths, needs, preferences and interests and maximize time spent with their non-disabled peers. Schools, in turn, have been encouraged to improve fluidity between general and...
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...Self-Employment Federal Taxation 2011 The world is full of opportunities, so you can do what you want and opportunity varies from person to person, some people want to work for the company while other want to be self-employed. In my opinion, there are many advantages for people who want to work for themselves and have their own business. First of all, if you are self-employed, you do not accord to the your boss’s schedule, you are totally free to decide your time, you can get up to late and go to work whenever you want. You could find the best time for working and do not need to worry about the relationship between you and your boss because you are your own business. Here are more advantages of Self-employment: 1. You have more influence over business expense deductions. 2. More business expenses are actually deductible. 3. You get more flexibility in how much tax you’ll pay and when you’ll pay it. 4. You get to decide when to spend money to help your business grow. 5. You can influence when you receive income. 6. You can distribute income to family members by hiring them as employees. 7. You have a wider range of pension choices. In spite of fact that there would be some disadvantages to work for yourself. For example, no matter what kind of business you own, you have take care many thing such as license, rent, manage your employee, your competitor, etc… However, if you learn as much as possible and choose a tax pro who understands the...
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...proprietor; the owner is responsible for all debts and fault created by the business. One of the major advantages to starting a sole proprietorship is the simplicity behind the formation. There is very little paperwork that needs to be filed at the inception and it takes very little work to keep the business compliant with state and federal laws. Another advantage to a sole proprietorship is taxes. Any money made by a sole proprietor is considered income to the owner. The profit is claimed as income on the owner’s annual tax filings. * Liability: Because there is no legal separation between an owner and the business in a sole proprietorship, the business owner is unlimitedly liable for any debt or fault of the business. Even if the sole proprietorship dissolves, the owner will be liable for the debt. If the debt is not taken care of in a timely manner it will could affect the owner’s credit rating and lead to future earnings being garnished. * Income Taxes: Taxation of a sole proprietorship happens once, at the income level of the owner. Any profit made by the company is considered an income to the owner. A sole proprietor is considered by the internal revenue service as self-employed, meaning the sole proprietor will not be held liable for FICA taxes. However, as the owner you will pay 100% of the self-employment tax (SECA). The annual contribution to the Self-Employment Contribution Act tax is deductible up to 50%. * Continuity: Because a sole proprietor is the...
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...Comment 1 According to what I researched off of the Internal Revenue Service, self employment tax only refers to social security and medicare tax. It is inputted on a Schedule SE when doing the tax return. Salaried earners who get a W-2 have their employer figure out their social security and medicare tax. So that means that one who is self employed they get to deduct the employer portion of the self employed tax on their adjusted gross income. The tax is also based off of 92.35 of their net earnings. I do not believe that these two items give a self employed person that much more of a tax advantage than the person who earns a w-2. The self employed person has to work hard to keep their business going and growing. They have personal stake in the business so I feel it is one of the breaks a self employed person earns just like corporations have tax advantages for different things. I do want to make it clear that even though a salaried worker make work harder than the self employed the salaried person does not have to worry about all the business taxes that the corporation they work for does. So while it make seem like the self employed is getting an unfair advantage I feel it is only to make it more similar to the big business tax and tax advantages they have. Internal Revenue Department, (2013). Self employment tax ( social security and medicare taxes). Retrieved from website: www.irs.gov Comment 2 There are many similarities for both defined contribution and...
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...We have different priorities, commitments and plans in our lives. Similarly, the same type of employment simply cannot suit everyone’s lifestyle. Luckily, there are different types to choose from. Read on to find out which one would match your needs. Full-Time Full-time employment means that you are required to work daily a fixed number of hours (8 or more) specified by your employee. Usually, the compensation package besides your wage will include other benefits such as sick-leave, paid vacation, health insurance and so on. Plus, a full-time job can be easily turned into a career. The advantages of having a full-time job: fixed salary regardless of the monthly workflow a full-time job usually pays more than a part-time job benefits and bonuses the possibility of getting promoted The disadvantages of having a full-time job: fixed schedules less free time Part-Time The major difference between full-time and part-time jobs is the number of hours you have to work. In case of a part-time job, the required work hours are less than 30-35 a week. Students and stay-at-home-moms usually prefer flexible part time jobs while people with financial obligations need to work full time for a bigger income. The advantages of having a part-time job: fewer hours per week you have time to meet other expectations such as learning for a test, bringing up your child The disadvantages of having a part-time job: a part-time job pays less than a full-time job usually...
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...phenomenon that involves inductive and deductive methods. Researchers will use a quantitative research design to verify that the research method used is valid and will produce accurate scientific results (Vidgen, n.d.). The strengths involved in using the quantitative research method can test and validate theories that have been already formed about why and how phenomena occur. Quantitative research allows the researcher to measure and analyze data that is précis which may help eliminate the influence of many variables and allow more reliable cause-and-effect relationships (Jones, n.d.). A disadvantage in quantitative research is based on figures and not always up to date. It’s usually in constant need of updating because numbers change (Advantages and Disadvantages of Quantitative Research, 2011). Additionally, researcher’s categories and theories that are used might not reflect the populations understanding of the information collected...
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...To: Mr. XYZ From: ABCD Date: 06.05.2015 Subject: Research on the right form of business entity Mr. XYZ, Conducting thorough research on the plausibility of choosing a specific form of legal business entity form for a certain specific business, several facts have been learned. I have been able to understand why it is always very much needed to know and verify the right form of legal structure to be applied to a business before actually setting up the business and carry on with its operation. As the business of my desire must have to be established in the state of Florida, the primary research has been thoroughly based on the legal requirements of setting up any form of business in the concerned state. The desired form of business is a bookstore. The basic task before setting up any business calls for determining the legal structure that will suit the business in an appropriate manner. Several options, in this regard, have been explored by me. This exploration has made it possible for me to ultimately choose the right kind of legal structure befitting the bookstore business. I have explored the different forms like sole proprietorship and partnership, and not the forms like a limited liability (LLC) and a corporation. I have not thought it right to go deep into the structural details of such legal forms of business because I have never thought of investing that much in my business. In the course of my research I did look for gaining more knowledge about sole proprietorship...
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...Limited Liability Company (LLC) vs. Sub-Chapter S Corporation (S Corp) What is the difference between an LLC and an S Corp? When choosing to incorporate, the most common decision smaller businesses face is which type of corporation to form. Here is a comparison between LLCs and S-Corporations. LLC formation came into its own at the end of 1996 when the “check-the-box” taxation regulations were passed and LLCs were allowed to enjoy, among other things limited liability, flexibility of management, and the option to elect pass-through taxation. A limited liability company is a hybrid type of legal structure that provides the limited liability features of a corporation and the tax efficiencies and operational flexibility of a partnership. The "owners" of an LLC are referred to as "members." Depending on the state, the members can consist of a single individual (one owner), two or more individuals, corporations or other LLCs. Unlike shareholders in a corporation, LLCs are not taxed as a separate business entity. LLC members report profits and losses on their personal federal tax returns, just like the owners of a partnership would. When forming an LLC there are some general principles one must adhere to per State. First when choosing a name for your LLC you need to follow three rules. One it must be different from an existing LLC in your state. Two it must indicate that it's an LLC (such as "LLC" or Limited Company"). And three it must not include words restricted by your state...
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...Legal Issues for Business Organizations – LIT1 Task 1 Legal Issues for Business Organizations – LIT1 Task 1 – Part A The way a business is organized is an important part of the business’s structure. “Different organizations provide different advantages and disadvantages in creation cost and simplicity, ongoing maintenance requirements, dissolution and continuity, fundraising, managerial control, public ownership, tax planning, and limited liability.” The nature of the business being conducted has little to do with the way the business is organized. (Johnson, 2013) Sole Proprietorship: The basic concept of sole proprietorship is that there is no distinction between the individual business owner and the business. To start this type of business, in most cases, one only needs to begin charging money for goods or services. Because of its simplicity, sole proprietorship is the most common business structure in the United States. According to the U.S. Small Business Administration, “over 70 percent of businesses are owned and operated by sole proprietors.” (Beesley, 2013) Following are some of the characteristics that lend both advantages and disadvantages to this type of business organization. * Liability. As sole owner of a business, there is no severability of liability between the business and the individual. Therefore, all gains and losses of the business are also the gains and losses of the individual. The aspect of unlimited liability is one of the biggest...
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...restricted. Protection is essentially defined as any action by national governments that will give an artificial competitive advantage to domestic producers at the expense of foreign producers. National governments aim to protect their nation from the disadvantages of free trade, through protectionist policies in the form of subsidies, tariffs, local content rules, quotas, export incentives and voluntary export restraints. Reasons for protection include “The Infant Industry argument” which states that some industries in a given country may develop a comparative advantage if only they are sheltered from foreign competition for a while, by means of temporary protection. So if in the future, the infant industries ‘grow up’ and form a comparative advantage, the domestic economy will gain access to a larger demand market, creating an injection into the economy, resulting in increased economic activity and employment. The domestic protection argument states that free trade and increased global competition can result in structural unemployment. Therefore, it has become apparent that infant industries need to be protected, dumping prevented, domestic employment sustained and the defense and self sufficiency of a nation ensured. The infant industry argument outlines the need for protection in order to establish industries that can form a comparative advantage in the future, if sheltered from competition for a little while. This ultimately leads to a...
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...|Producing sustainable competitive advantage through the | |effective management of people | | | | | Impressive remarks The author points out thirteen practices for managing people in order to achieve a competitive advantage. I am impressed by the way the author points out the importance of the workforce and how it is managed. The importance: As other sources of competitive success have become less important, what remains as a crucial, differentiating factor is the organization, its employees, and how they work. The author quotes Southwest Airlines as an example, which achieved competitive advantage from its very productive, very motivated, and by the way, unionized workforce. The author clearly points out, Culture, how people are managed, and the effects of this on their behavior and skills are sometimes seen as the “soft” side of business, occasionally dismissed. Even when they are not dismissed, it is often hard to comprehend the dynamics of a particular company and how it operates because the way people are managed often fits together in a system. Success, such as that achieved at Southwest, can be sustained and cannot readily be imitated by competitors. It is easy to copy one thing but much more difficult to copy numerous things. This is because the change needs to be more comprehensive and also because the ability to understand...
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...the $300,000 treated for Purposes of Federal Tax income? Gross income means” all income from whatever source derived, including (but not limited to the following items: Compensation for services, including fees, commissions, fringe benefits, and similar items…..” (http://www.taxalmanac.org/index.php/Internal_Revenue_Code:Sec._61._Gross_income_define d#Location_in_Internal_Revenue_Code) According to IRC Publication 3402 Taxation of Limited Liability Companies “an individual owner of a single-member LLC classified as a disregarded entity is not an employee of the LLC. Instead, the owner is subject to tax on the net earnings from self-employment of the LLC which is treated in the same manner as a sole-proprietorship.” (http://www.irs.gov/publications/p3402/ar02.html#en_US_publink1000205890). The $300,000 is his active income. It is subject to self-employment income tax. Also, based on the cash method accounting sole proprietorship, your fee/ compensation will be taxed when you receive it. b. How is the $25,000 treated for purpose of Federal tax income? According to IRC Sec.104 (a) (2) “Any winnings in a personal injury lawsuit that covers the treatment of physical injuries are not taxable except for attorney fees which are taxable.” Also, Code Sec. 162 states “For any expenditure to qualify as a deductible, it must be related to carrying on a trade or business activity with profit motives and significant taxpayer’s involvement; it must be ordinary and necessary; it must be reasonable;...
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