Tag Archives: profit

Business Strategy , , , Leave a comment

Corporation Subchapter S–Should Your Business Be an S Corp?

by

You may operate your business as a Sole Proprietor,  like 70%  of US businesses do,  or maybe as an LLC.  However,  if business should become fabulous and you begin to rake in some serious cash,  then it could make sense to incorporate,  as a method to lower your taxes and protect profits.

You may be implementing a growth strategy that requires you to take on additional investors,  or maybe implementing your exit strategy,  with a plan to sell your business,  perhaps to employees through an Employee Stock Option Plan  (ESOP).  Either scenario may prompt your accountant or business attorney to recommend that you establish a separate legal entity for your venture and the preferred strategy could be to incorporate.

What does that mean in practical terms?  For a Freelance consultant or small business owner,  incorporating usually means setting up an S Corporation.  Last week’s post discussed Limited Liability Companies  (LLCs)  and there are similarities between the S Corporation and LLC.

The first similarity is that both LLC and S Corporation provide owners with a degree of protection from lawsuits and creditors.  However if negligence is involved,  the  “corporate veil”  will be pierced and the owner(s) will be liable for any damages.

Second,  there are certain similarities in how taxes are handled.  As with the LLC,  S Corporations  (unlike the more common C Corps)  allow a  “pass through”  of business profits or losses to the owner’s  (i.e., S Corp shareholders)  personal tax form 1040 in accordance with the share of business ownership.  There is no separate  (double)  taxation,  as occurs with C  Corporationss.  Both S Corp and LLC owners can deduct pre-tax business expenses such as advertising,  professional services,  travel, etc.  S Corporation owners will file form 1040 schedule E and form 1120S in addition to your usual tax forms.

Yet,  there are a couple of differences that impact the treatment of taxes.  Unlike the LLC and like the C Corporation,  S Corporation owners pay themselves a salary  (that must be deemed reasonable based on industry standards and business revenue)  and they receive dividends  (distributions)  from any additional profits earned.  Dividends are taxed at a lower rate than the salary pay-out and that is one reason that S Corporation tax rates may be lower.

Another difference involves self-employment taxes.  Says Diane Kennedy,  Phoenix, AZ based CPA and author of  “Loopholes of the Rich: How the Rich Legally Make More Money and Pay Less Tax”  (2001),  “If you have a Subchapter S Corporation and you put yourself on the payroll as a W-2 employee,  withholding taxes from each paycheck as you take money out of the corporation,  you can often save a significant amount of money in self-employment taxes”.  Sole proprietors and LLC owners must pay self-employment taxes.

Owners may sell,  transfer,  or gift their shares,  something that cannot be done by LLC owners.  There cannot be more than 100 S Corp shareholder/owners,  but family members who own shares are treated as one shareholder when counting.  Corporations,  regardless of the form,  continue on in perpetuity unless formally dissolved.  Death does not automatically dissolve a corporation,  while LLCs terminate if one owner retires,  resigns,  dies or goes bankrupt, but can be reformed if desired.

On the downside,  S Corporations have more stringent guidelines than do LLCs.  Owners must be US citizens or reside in the US.  There can be only one class of stock and depending on the state in which you’ve incorporated,  there may be additional state taxes.  Businesses that receive 25%  or more gross income from passive income  (think rental income)  and those that receive 95%  or more gross income from exports are prevented from forming an S Corporation.

S Corporation owners must also hold annual board of directors and shareholder meetings and take minutes.  Further,  the owners must strictly separate their personal and corporate bank accounts.  Failure to adhere to all requirements may result in forfeiture of S Corp status and the IRS is looking.

So which business organization strategy is best for your business?  Like I said in the beginning,  it depends on the circumstances.  Throughout the life of you and your consultancy,  it is wise to assess where you are presently and your plans for the future in terms of income,  growth,  exit strategy and taxes and institute the legal structure that will enhance your position.

Thanks for reading,

Kim

Business Plan , , , 1 Comment

Business Model Guideposts

by

I will teach “Become Your Own Boss:  Effective Business Plan Writing” , a three part workshop (total 6 hours) held at Boston Center for Adult Education 122 Arlington Street Boston MA on three consecutive Thursdays 5:30 PM – 7:30 PM February 17 – March 3.  Register at http://bcae.org, course #420174 or use the direct link:

http://bcae.org/index.cfm?method=ClassInfo.ClassInformation_class_id=4967&int_category_id=48&int_sub_category_id=13&int_catalog_id=0

The business model defines the method by which an organization creates and delivers value through products and services offered and the way in which it persuades customers to pay for that value.  The business model encompasses the manufacture and marketplace delivery of products/services,  how best to access prospective customers,  where and how business transactions take place and customer service.  The business model is the blueprint for how the venture operates in real time and makes a profit.

The business model reflects what the business owner/management team believe about what customers value,  the way in which customers want that value delivered and what they will pay to obtain it.  The business model can also function as an analytical tool. 

 Its examination can help the business owner effectively address challenges such as client retention problems,  insufficient new business development,  or persistent customer service snafus.  It can urge the management team to find a way to lower the cost of goods sold,  add or delete services, or  rethink sales distribution channels.

How’s your business engine running these days?  Might a tune-up be in order? Here are some questions to ask yourself and guideposts to follow as you build or refresh your business model:

  • Who are the target customers?
  • How can your organization best attract,  acquire and retain the target customers?
  • What need does your product/service fulfill or what problem does it solve?
  • What perceived value does your product/service provide?
  • How can you differentiate your product/service in ways that resonate with the target customers?
  • How will you generate revenue?
  • Where will business take place,  how and when will customers pay?
  • Identify and locate customers with sufficient money and motive to do business with you,  preferably on a regular basis.
  • Verify that there will be enough paying customers to allow the business to make a profit.
  • Identify which product/service features and benefits that target customers value most highly.
  • Identify the least costly source location and manufacturing process for your products/services.
  • Use the most cost-effective product/service delivery system that customers will accept.
  • Identify product/service add-ons and upgrades that are easy and inexpensive to provide and for which customers will pay a premium to obtain.

Thanks for reading,

Kim