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Forms of Ownership
- Your vision regarding the size and nature of your business.
- The level of control you wish to have.
- The level of structure you are willing to deal with.
- The business' vulnerability to lawsuits.
- Tax implications of the different ownership structures.
- Expected profit (or loss) of the business.
- Whether or not you need to reinvest earnings into the business.
- Your need for access to cash out of the business for yourself.
Sole Proprietorships
The vast majority of small businesses start out as sole proprietorships. These firms are owned by one person, usually the individual who has day-to-day responsibilities for running the business. Sole proprietors own all the assets of the business and the profits generated by it. They also assume complete responsibility for any of its liabilities or debts. In the eyes of the law and the public, you are one in the same with the business.
Tax Software Advantages of a Sole Proprietorship
- Easiest and least expensive form of ownership to organize.
- Sole proprietors are in complete control, and within the
parameters of the law, may make decisions as they see fit.
- Sole proprietors receive all income generated by the business to
keep or reinvest.
- Profits from the business flow directly to the owner's personal
tax return.
- The business is easy to dissolve, if desired.
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Software Tax Disadvantages of a Sole Proprietorship
- Sole proprietors have unlimited liability and are legally
responsible for all debts against the business. Their business and
personal assets are at risk.
- May be at a disadvantage in raising funds and are often limited
to using funds from personal savings or consumer loans.
- May have a hard time attracting high-caliber employees or those
that are motivated by the opportunity to own a part of the
business.
- Some employee benefits such as owner's medical insurance
premiums are not directly deductible from business income (only
partially deductible as an adjustment to income).
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Every Landlord Tax Deduction Federal Tax Forms for Sole Proprietorship
(only a partial list and some may not apply)
- Form 1040: Individual Income Tax Return
- Schedule C: Profit or Loss from Business (or Schedule
C-EZ)
- Schedule SE: Self-Employment Tax
- Form 1040-ES: Estimated Tax for Individuals
- Form 4562: Depreciation and Amortization
- Form 8829: Expenses for Business Use of your Home
- Employment Tax Forms
Partnerships
In a Partnership, two or more people share ownership of a single
business. Like proprietorships, the law does not distinguish
between the business and its owners. The partners should have a
legal agreement that sets forth how decisions will be made, profits
will be shared, disputes will be resolved, how future partners will
be admitted to the partnership, how partners can be bought out, and
what steps will be taken to dissolve the partnership when needed.
Yes, it's hard to think about a breakup when the business is just
getting started, but many partnerships split up at crisis times,
and unless there is a defined process, there will be even greater
problems. They also must decide up-front how much time and capital
each will contribute, etc.
Advantages of a Partnership
- Partnerships are relatively easy to establish; however time
should be invested in developing the partnership agreement.
- With more than one owner, the ability to raise funds may be
increased.
- The profits from the business flow directly through to the
partners' personal tax returns.
- Prospective employees may be attracted to the business if given
the incentive to become a partner.
- The business usually will benefit from partners who have
complementary skills.
Disadvantages of a Partnership
- Partners are jointly and individually liable for the actions of
the other partners.
- Profits must be shared with others.
- Since decisions are shared, disagreements can occur.
- Some employee benefits are not deductible from business income
on tax returns.
- The partnership may have a limited life; it may end upon the
withdrawal or death of a partner.
Types of Partnerships that should be considered:
- General Partnership
Partners divide responsibility for management and liability as
well as the shares of profit or loss according to their internal
agreement. Equal shares are assumed unless there is a written
agreement that states differently.
- Limited Partnership and Partnership with limited liability
Limited means that most of the partners have limited liability (to
the extent of their investment) as well as limited input regarding
management decisions, which generally encourages investors for
short-term projects or for investing in capital assets. This form
of ownership is not often used for operating retail or service
businesses. Forming a limited partnership is more complex and
formal than that of a general partnership.
- Joint Venture
Acts like a general partnership, but is clearly for a limited
period of time or a single project. If the partners in a joint
venture repeat the activity, they will be recognized as an ongoing
partnership and will have to file as such as well as distribute
accumulated partnership assets upon dissolution of the entity.
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Tax Help Federal Tax Forms for Partnerships
(only a partial list and some may not apply)
Form 1065: Partnership Return of Income
Form 1065 K-1: Partner's Share of Income, Credit, Deductions
Form 4562: Depreciation
Form 1040: Individual Income Tax Return
Schedule E: Supplemental Income and Loss
Schedule SE: Self-Employment Tax
Form 1040-ES: Estimated Tax for Individuals
Employment Tax Forms
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Help Tax
About The Author:
DELOITTE Paperback, 2 March 2005 R42.00 This guide takes away the misery and anxiety of filling in your annual tax return, and even saves you money in the process. The title guides you step by step through each item in the official form... This guide takes away the misery and anxiety of filling in your annual tax return, and even saves you money in the process. The title guides you step by step through each item in the official form, explaining what is required and assisting you in filling out as much as you need to disclose.
Ernst Ernst Guide Guide Tax Matt Bacak became "#1 Best Selling Author" in just a few short
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