Operating a Corporation/LLC

I keep hearing about having to pay $800 to the California Franchise Tax Board every year just because I formed an S Corporation or an LLC. True?

Not only is it true . . . it's worse than you think. When it comes to LLCs [link to what is an LLC], the FTB collects a tax (the FTB calls it a [ahem] "fee") above the $800 if the LLC's revenues meet or exceed $250,000. Here's a link to the graduated fee scale. The [...]

December 14th, 2022|0 Comments

What does it mean to “file” a corporation?

Actually, nothing. To bring a corporation into existence, you submit your Articles of Incorporation with the government agency responsible for processing that paperwork in your state. By submitting the Articles, or “Charter Documents”, and the act by the agency of approving same, you have formed a corporation. You can say “file”, if you want.

July 12th, 2015|0 Comments

Is there a lot of paperwork? Do I have to do it all?

There’s some paperwork . . . corporations tend to have more paperwork, which is why some people might immediately gravitate to LLCs, or nothing at all. And, yes, if you want to maintain your status as a corporation, and maintain your limited liability, don’t cut corners on the paperwork. It’s important.

July 12th, 2015|0 Comments

I just put my business into a corporation/LLC. Do I have to file paperwork for that?

If you have an existing business, then its assets and contracts should get transferred to your corporation. This can look like an assignment, or a bill of sale. There are tax considerations regarding contribution of the assets of your existing business. You may also need to notify third parties, such as vendors and landlords. A stitch in time, as they say. Paperwork is king.

June 15th, 2015|0 Comments

Is there more paperwork with an S Corporation than, say, with an LLC?

The answer in most situations is going to be yes. One of the virtues of an LLC is its simplicity. Once you choose to form your business as a corporation (and then an S Corporation), or to have your LLC elect to be taxed as an S Corporation, costs for tax returns, payroll, corporate state compliance paperwork, and other accounting items get triggered. You'll need to balance the benefits of an S Corporation against the ease of use that comes with an LLC.

March 5th, 2016|0 Comments

Will there be a background check for me to incorporate?

No. You may get background checked as a vendor, even if you put your business in a corporation. But incorporating does not require any background checking.

July 12th, 2015|0 Comments

What is a fictitious business name (or DBA)?

Also known as a DBA (doing business as), if your entity is using a name for its business that’s different from its entity name, then you are using a fictitious business name, and state law requires that you file a fictitious business name statement in the county you are operating out of that records the name of your business and the name of the entity using that name. It’s also a good idea to do file that even if you don’t want to, because it’s helpful evidence to prove the use of your name from a certain point in time, which helps you to defend or bring trademark infringement claims.

July 12th, 2015|0 Comments

Does my entity need to register for a business license, even if it’s currently not doing any business or was created just as a tax vehicle?

Yes it does. And in California, applications for business licenses are handled at the city level. For example, here’s a link to the San Francisco business license registrations: https://sftreasurer.org/business/register-business

October 30th, 2020|0 Comments

Can I use my old bank account for my new corporation or LLC?

That would be nice, but this is the beginning of you needing to think about why you formed the corporation to begin with: to make it separate from the sins of the past. So, no, new bank account, with a new tax ID number. Sorry.

June 15th, 2015|0 Comments

What is a “share” in a corporation?

A share represents a shareholder’s ownership in a corporation. This can either be evidenced by a paper certificate or an entry in the corporation’s books.

February 19th, 2020|0 Comments