...liabilities. Write a short paper advising Bill and Darlene what business form you would recommend for them as they start up their business. State any assumptions you make. There are many different options for Bill and Darlene as they decide to start their business together. They also have to make some important decisions as to the type of business structure they should form. It will have an impact on how much Bill and Darlene will have to pay for taxes, the amount of paperwork necessary and the personal liability they face. The decision depends on the individual circumstances of the business owners. There are 3 primary factors that should be considered when choosing a business entity: liability, taxation and record-keeping (Entrepreneur.com). Liability Bill and Darlene need to determine to what extent they need to be insulated from legal liability. This can depend on the kind of business they’re planning to start. A business that has a large amount of fixed assets that require hefty investments may mean the potential first year losses will be higher than expected so it would be better to limit their personal liability for the business losses. A Limited Liability Partnership (LLP), a Limited Liability Company (LLC), or a corporation can allow them to insulate their assets in the case they are found legally liable for damages. An LLC allows any entity to be owners but they offer more flexibility than a corporation. This is important if Bill and Darlene decide to grow their business...
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...How To Form A Single Member LLC Law/531 Abstract In this paper I will explain how who a business owner decide to on establishing a Limited Liability Company or to decide on a single member LLC. Also I will explain the advantages and disadvantages with LLC verse SMLLC. Following, I will discuss the step a businessperson must take in order to establish a SMLLC. The last information stated in the outline will conclude why a business owner should consider the SMLLC over a LLC. How To Form A Single Member LLC I. Single Member Limited Liability Corporation. a. For most businessmen and women considering ownership of a business will come down to what benefits the business the most. No one wants to go into a business to fail so some choices must be made in order to consider the best choices for that particular business. b. Steps towards the right decisions. i. Tax Classifications 1. This is important for the operation of the business. ii. Nature of the Business 2. Certain business ventures only one needs one person to function with no employees needed 3. If employees are needed different factors will change the decisions on which business should be established. II. Creating a SMLLC. c. The business owner there are steps that must be taken to make the business legal and recognized but the state has made once the decision. iii. Establishing an Article of Certificate. ...
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...Legal Forms of Business Paper University of Phoenix LAW/531 Aaron Gershonowitz November 7, 2011 Legal Forms of Business There are many different forms of business in today’s society. They run from sole proprietorship to corporate form. When someone wants to start a business, he/she has to decide what form of business he/she wants to be a part of. Of all the forms of business out there, this paper will be discussing seven of them, along with scenarios that each of these seven forms would be preferred. The forms of business being discussed in this paper will be: sole proprietorship, general partnership, limited liability partnership, Limited Liability Company, S corporation, franchise, and corporate form. Sole Proprietorship A sole proprietorship is a business that is owned by one person. Someone new to the business world would want to start out having this type of business if he/she wants to keep the business small. There are several major advantages to operating a business as a sole proprietorship, and they include the following: • Forming a sole proprietorship is easy and does not cost a lot. • No federal or state government approval is required. • The owner has the right to make all management decisions concerning the business, including those involving hiring and firing employees. • The sole proprietor owns all of the business and has the right to receive all of the business’s profits. • A sole proprietorship can...
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...Business Structures LaShondra Dyer BUS311: Business Law I Instructor: Peter McCann April 13, 2016 Selecting a business structure comes with a number of variables. Are you going into business alone? If so, how will you fund it and run it? Will you join forces with others to build a business? If so, what agreements need to be made, for the business to run effectively and efficiently? I have spent over a decade in the nightclub industry in various positions. I started as a waitress, became a bartender, moved up to management, and now I am a club owner. The decision to become an owner was not made overnight, but by having the dreams of becoming a successful entrepreneur by watching those who owned the clubs that I had previously worked. I did not have all of the funds necessary to go into business alone so; I teamed up with another individual that I worked with, and we created a business plan, and now we are in a partnership. Throughout this paper, I will discuss the following business structures: sole proprietorship, LLC, a corporation, and partnership as well as give an analysis of each. I will also discuss my partnership in the nightclub industry and explain why it was the best organizational option for me. Even though the liability of the partners for the debts of the business is unlimited, a partnership may benefit from the combination of complementary skills of two or more people because with more than one owner, the ability to raise funds may be increased...
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... or a decision to leave the business, you should make sure that at the forming of the business, that everything is in order for all parties involved and the smooth continuation of said business. Running a business can be an exciting endeavor, but I would recommend to anyone before they start, to have everything legally in order for all the different kinds of situations you can find yourself in. Sole Proprietorship- The simplest form of business, a sole proprietorship is the most common form of business in our country. Be it because it can be managed by a single person; or perhaps it’s the lack of agreements and formalities needed for the business to run, sole proprietorships are able to operate on a small scale and responsibilities fall on only one person. In a sole proprietorship, only one person is needed for the capital and credit to start the business, and possibly that’s why we American Dreamers have turned it into the most common form of business used in this great country. What distinguishes this form from the rest, is the unshared responsibility of the owner. Characteristics of a sole proprietorship, to be considered by the owner: Liability, The owner of a sole proprietorship has unlimited personal liability, however the sole proprietor can insure against most risks and operate with near the same level of comfort as the owners of a corporation. Income Taxes, a sole proprietorship has as pass- through taxation, meaning the...
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...Legal Forms of Business When considering the preferred legal form of business, it comes down to the level of liability, the size of the business and the number of owners or shareholders that will be involved. It is important to consider that with the increased size of a business and the increase in the number of owners, the decision-making process becomes more complex. The level of liability for the owners decreases as the owners no longer are liable for the losses and gains of the business within larger legal forms of business. Of the legal forms of business; sole proprietorship, partnership, limited liability partnership, limited liability company, S corporation, franchise, and corporate; some businesses may only qualify to be classified as one or two of the legal forms of business, making the decision easier for the owners to choose. Sole proprietorship: A sole proprietorship is a for-profit business owned by one person who may operate the business alone or employ others. The sole proprietor of the business is responsible for assets, losses, and debts. There is also no legal distinction between the sole proprietor and the business (Cheeseman, 2012). A small business, such as a coffee shop would be a prime candidate for a sole proprietorship. The owner could run the coffee shop alone or employ others to operate the business. A sole proprietorship can be more difficult to raise long-term capital for, because of unlimited liability and that the business depends...
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...Business Law II Research Paper The advantages, from a liability standpoint, of a business incorporating and that given a business is going to incorporate…the difference in tax treatment between a C-Corp, Subchapter S and an LLC When businesses are started, one consideration that must be made is what type of business it will be. Many decide to incorporate themselves and look to the advantages they may gain from this. Liability may be one of the biggest advantages to incorporating a business. Along with advantages of incorporating, the tax treatment for different types of businesses will differ whether it is a C-Corp, Subchapter S, or an LLC (limited liability corporation). All of these options will give businesses the best solution to take advantage of different types of tax treatment and the advantages of incorporating. From a liability standpoint, incorporating a business is going to protect the owners’ personal assets from business obligations, debts, and any other business activity. With out the liability protection of incorporating, the business owner is responsible for these obligations, debts, and business activity. Once an owner makes the decision to incorporate, they separate personal assets from the business (“Incorporating a business,”). It is important for owners to incorporate to help protect themselves and their families from taking on the burden of a failing business. How does incorporating protect business owners’ personal assets?...
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...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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...Chapter 02 Asset Classes and Financial Instruments Multiple Choice Questions 1. Which of the following is not a money market instrument? A. Treasury bill B. Commercial paper C. Preferred stock D. Banker's acceptance 2. Thirteen week T-bill auctions are conducted ____. A. daily B. weekly C. monthly D. quarterly 3. When computing the bank discount yield you would use ____ days in the year. A. 260 B. 360 C. 365 D. 366 4. A dollar denominated deposit at a London bank is called _____. A. eurodollars B. LIBOR C. fed funds D. banker's acceptance 5. Money market securities are sometimes referred to as "cash equivalent" because _____. A. they are safe and marketable B. they are not liquid C. they are high risk D. they are low denomination 6. The most actively traded money market security is A. Treasury bills B. Bankers' Acceptances C. Certificates of Deposit D. Common stock 7. ______ voting of common stock gives minority shareholders the most representation on the board of directors. A. Majority B. Cumulative C. Rights D. Proxy 8. An investor in a T-bill earns interest by _________. A. receiving interest payments every 90 days B. receiving dividend payments every 30 days C. converting the T-bill at maturity into a higher valued T-note D. buying the bill at a discount from the face value received at maturity 9. ______ would not be included in the EAFE index. A. Australia ...
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...Business Entity Matrix Paper Exploring one’s entrepreneurship and starting a new business can be quite exciting. The idea of being your own boss and making all the management decisions is extremely appealing to many. However, there are many considerations and plans to make before actually starting the business. Aside from the obvious of choosing what it is one wants to do, a person must consider how to acquire the funds to start the business, what liabilities the company and owners may be exposed to and whether additional help will be needed to run the business. Our current venture is to start a business of selling pet treadmills. One of our initial concerns is the startup capital needed. While we do have a healthy inheritance to utilize for startup capital requirements, we are also contemplating bringing in two friends on the venture. We must also consider the future of our business such as adding employees, franchise opportunities and international market growth. We know our first decision needs to be which type of entity to use to start the business. This decision will have a big impact on all these factors. Many people do not consider the business entity type until the business is already “up and running”. However, the entity type has a direct relation to the ability to raise capital and the amount of taxes paid by both the company and its owners. As such, careful consideration should be given to the potential needs of the business and its owners in making...
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...operating as a Sole proprietorship. You and your business are one. Any income the business receives and expenses paid will flow in and out from you personally and will be reported as a Schedule C on your personal income taxes. As a sole proprietor you carry full responsibility and are 100% liable for the company. This means any debts you owe from your business if there are not adequate funds available from the business account, legally you are personally held responsible and your personal assets are at risk. As a sole proprietor you have total control of your business and all business decisions, your company starts the day you choose and can dissolve the day you choose as well. If you desire to have a business name that is different from your name you can easily register for a doing business as also known as “dba” license with the local court. The convenience – this has been a simple and convenient way to run your business in the beginning stages. There was not much more you had to do other than simply run your business and report your end of year total income and expenses. Liability – Total liability of the company is on you as the owner. Legally you are held responsible for all expenses the business incurs if you are unable to pay they can come after your personal assets. Income Tax – You will be required to file an additional schedule on your taxes “Schedule C” where all profits and losses of the business are reported. Your accountant my charge you an additional fee each year to...
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...Small Business Idea Paper ACC/561 Anne Holland University of Phoenix Michael De Marco July 16, 2012 Small Business Idea Paper When having the excitement of starting a business, there are several factors and steps to go through before getting the plan started. In the fallowing paper bravely describe our business plan for our new company. We will mention some of the factors that go alone with the process of starting a business. Therefore, summarizing in a substantial way the different types of business structures that are suitable for small and medium sized business, along with describe the legal, tax, accounting, and other implications when of each form of business structure. Business Plan According to Abrams, R. (2003), “ The business plan process entails five fundamental steps: (1) Laying out your basic business concept, (2) Gathering data on the feasibility and specifics of your concept, (3) Focusing and refining the concept based on the data you compile, (4) Outlining the specifics of your business, and (5) Putting your plan in compelling form”. New Business Project Business Name: Universal ATM Service Product or Service: Retailed of Automated Teller Machines, Automated Teller Machines Products, Transactions Processing, Automated Teller Machines Placement, and Automated Teller Machines Services and Repairs. Business Structure: Limited Liability Company (LLC) Rationale for choosing this form of business organization: the founders of Universal ATM Service...
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... The greater benefits are, they can import products that are more efficiently produced in other countries. Importing of these goods allows customers to receive more choices for price and quality. At the same time, domestic producers can expand their markets to other countries, while the country’s capital gets new avenues for investments. All these factors allows for the country’s economy to become more vibrant and the country wealthier. The possibilities for growth are endless when a country’s borders are opened to international trade. However, there are limitations when international trade is introduced within a country. Trying to decide which products is best to be imported and exported in and out of a country. Trying to decide is best determined by using comparative advantage. It includes the concept of opportunity cost. Also, trying to decide should there be a tariff imposed on exports or a...
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...Evaluate 3.1 Short Paper: CPA Qualifications Tameika Bennett Evaluate 3.1 Short Paper: Critical Thinking Demonstrate your critical-thinking skills by crafting an analytical essay describing all of the qualifications necessary to becoming a CPA. Use the module resources and your own research to provide specific examples. Go beyond the surface to interpret and draw conclusions based on the facts. The decision to become a CPA could be an easy one if you have a passion for the profession. Once you decide that you want to head down that path there are several things that must be done before acquiring that prestigious title behind your name. It is not an easy journey but becoming a CPA is definitely a great way to go to further your career. The CPA certification is state issued and not issued by the federal government. With that being said, the state in which you reside will determine the steps you will need to take to become a CPA and also specify what if any additional or different requirements my state New York has. Generally, there are three requirements for a CPA licensing, the three E’s: 1. Education 2. Exam 3. Experience New York also require you to have good moral character and be 21 years of age. 1. Education According the Aicpa.org website most states require 150 semester hours of schooling, which usually means you have at least a bachelor’s degree. Out of those 150 semester hours each state also requires a certain amount of accounting...
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...| | | | Small Business Idea Paper Nakisha Burton ACC/561 Accounting June 9, 2013 | | One of the most important business choices one can make is the decision to become an entrepreneur and invest the necessary time, money, and energy into starting a business. I always dream of owning and running my very own childcare center. The childcare business offers entrepreneurs the opportunity to pursue a passion for child care and child development while enjoying the independence and responsibility of being his or hers own boss. However, starting a childcare business is not as easy as one may think. There is a great deal of information one must be fully aware of. The decision of which type of forms, such as Sole Proprietorship, Partnership, C Corporation, S Corporation, and Limited Liability Company (LLC), can challenging. The legal, tax, accounting implications, the advantages, and disadvantages, the financial statements associated with a childcare center, and plan to present to market, are the reasons to consider for a well designed center that can be develop into a successful plan. Sole proprietorship advantages and disadvantages Unless I choose a specific form of business, my new business will become by default a sole proprietorship or partnership (Daily, 2011). The advantage of a sole proprietorship is ease in establishment and ongoing maintenance as the owner manages operations without the need to consult others. In addition, the solitary owner...
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