After last week’s really inspiring Small Business Week celebration we received a lot of feedback from all of you that participated. I wanted to take away some of your questions from last week and make sure that we cover some of the topics that were brought to my attention. Thanks again for making this past week’s festivities so engaging; without you this idea would not have materialized into the successful event that we plan to make an annual celebration at Laughlin Associates.
Small Business Q & A
Q: If I am the 100% owner of a company and I am about to take out a business loan, is it possible for me to be personally liable for paying back the loan if for some reason my company is unable to repay it?
A: This question has two answers depending on your situation. If you’re operating your business as a sole proprietorship or as a general partnership, the fact is, you’ll be personally liable for any loans or other transactions taken on by the business. If you’re business is a properly structured corporation or limited liability company, then the owners are considered to be separate from the business and should not be held personally liable for the loan, as long as you don’t sign a personal guarantee.
Q: I own a small home-based business. What are the reasons I should consider incorporating?
A: Most people incorporate to reduce their liability. Owning a corporation creates a legal separation between you and the company. This protects you from being personally responsible for the actions of your business. Only assets that belong to the corporation will be at risk for satisfying corporate debts or liabilities.
Corporations are taxed at the corporate rate, which in some cases, is much lower than the rate for sole proprietors.
An owner who also works at the business can become an employee, which makes it possible for them to obtain reimbursements for many expenses, including health and life insurance.
Overall, a corporation will provide valuable asset protection and tax benefits that will far outweigh the initial cost of incorporating.
Q: I have been told that my Corporation needs to comply with Corporate Formalities. Could you tell me what this means and what I need to do to maintain compliance?
A: Following corporate formalities really revolves around keeping and maintaining the proper corporate records. You should have a record book to keep documentation of all major business transactions conducted by the corporation. Items like corporate resolutions, state annual filings, financial statements, and stockholder information are all documents that need to be kept current and organized in your corporate record book.
Failure to follow corporate formalities could have a harsh outcome. Your corporation could lose its corporate status, meaning you could suffer the loss of limited liability. This could leave you and your shareholders personally responsible for the corporation’s debts. It is also possible to lose all corporate tax benefits.
For more information or to get clarification on any particular areas of concern please call us at 1-800-648-0966 to speak to a Senior Business Consultant today.
