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Step 3: The Company Name
Your company name tells people many things and all are
important. The name is also a form of advertising
and care should be
taken to choose the name that best fits you and your business. For many
small businesses the company name will appear on a business vehicle like
a truck or van. So choose a name that sound professional and tells
people who you are. Your company name will become your trademark.
When deciding on a company name you also mush decide on
the form or structure of the business. There are five choices:
Sole Proprietor, Partnership, Limited Liability
Company, C Corporation or S Corporation
Each entity type has advantages and disadvantages. But
first you should do a little research on the Company Name. If you decide
you want to be a Limited Liability Company or a Corporation you should
check with
the Secretary of the State in which the business is domiciled
to see if the company name you chose is available. Use this link to find
the website of your Secretary of State:
www.statelocalgov.net/50states-secretary-state.cfm
(1) Check on the availability of the
Name.
(2) If it is available then download the forms to hold the
name for your business and to apply.
Highly Recommended:
Check with you accountant or tax advisor for advice on the best form of
business for you. While some forms of business sound good (i.e. Setting
up a corporation) you might find that you are NOT saving any money at
tax time and in fact may be incurring additional fees, taxes and a
higher bill from your accountant who must file the paperwork with the
IRS for you!
Types of Business Structures
(I) Sole Proprietor.
● One owner who
operates under his own name (i.e. John Smith) or uses his name in
conjunction with a business name (i.e. John Smith doing Business as
(dba) Smith Contractors).
● The owner has unlimited liability for the
operation of the business.
● Documentation not needed.
Highly recommended: Obtain
Certificate of Adoption of Trade Name with
your Town Clerk.
● No tax return is filed and the profit (or
loss) shows up on his own tax return.
(II) Partnership.
● Two or more individuals
working under a common business name.
● Partners have unlimited
personal liability for the operation of the business.
● A Partnership Agreement is
usually signed
by all partners showing who the partners are and the percentage of
ownership for each.
● An Informational Tax Return is filed (no taxes paid
by the partnership). Profits (or losses) are reported by each partner on
their personal tax return.
(III) Limited Liability Company (LLC).
It's a Company and NOT a Corporation.
● An owner is called a Member.
Limited number of members.
● Members have unlimited liability
for the operation of the business.
● Certificate of Limited Partnership is filed with the state and a
Limited Partnership agreement is executed.
● An Informational Tax
Return is prepared but profits (or losses) flow through to the
members and are reported on their own tax returns.
(IV) C Corporation.
● Unlimited number of
shareholders.
● Limited Liability for
shareholders.
● Articles of Incorporation
filed.
● Corporate Tax Return filed.
Corporation is taxed on earnings. Shareholders receive taxable
dividends.
(V) S Corporation.
● Limited to 75 shareholders.
● Limited Liability for
shareholders.
● Articles of Incorporation
filed.
● Informational Tax Return
prepared. Corporation not taxed. Profits and losses flow through to
shareholders.
Applying for an Employer Identification Number
(EIN)
At some point you will have to apply for an EIN (except
for a sole proprietor) for tax purposes. Either ask your accountant to
file for you or go to the IRS website and file online. The web address
is
http://www.irs.gov/businesses/small/article/0,,id=97860,00.html
Move on to
Step #4:
Office Equipment.
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