What do General Motors, Microsoft, AT&T and many other major businesses in America have in common? They’re corporations. A corporation is a separate legal entity that functions separate and apart from its shareholders or owners. You can incorporate on your own without an attorney, although it wouldn’t hurt to seek legal advice. And you can incorporate in your home state or any other state of your choosing.
More than half a million business entities have their legal home in business-friendly Delaware, including more than 50 percent of all U.S. publicly-traded companies and 58 percent of
Fortune 500. Nevada, New York, California, Arizona and Florida are also magnets for businesses wanting to incorporate.
Protection Against Personal Liability Incorporating offers a variety of legal and tax advantages. For one, it’s one of
best ways a business owner can protect his or her personal assets. As a separate legal entity, a corporation is responsible for its own debts. Shareholders of a corporation are generally not liable for
obligations of
corporation. Therefore, creditors of a corporation can seek payment from
assets of a corporation, but not
assets of its shareholders. This means that business owners can conduct business without risking their homes or other personal property.
Tax Advantages Many businesses choose to incorporate for tax advantages. Corporate profits aren’t subject to Social Security, Medicare, workers compensation and other taxes, which adds up to 15.3 percent in taxes. An individual proprietor would need to pay all of these taxes, commonly referred to as “self-employment taxes” on all income earned by
business. But with a corporation, only salaries are subject to these taxes.
C-corporations provide even greater tax flexibility when it comes to profits. By simply dividing income between
corporation and
shareholders, businesses can save thousands of dollars each year on taxes. With a C-corporation,
first $50,000 in profits is taxed at only 15 percent -- plus, there are no Social Security or Medicare taxes.