Are You Certain Your Business Is Prepared To Be An S Corp?The pros: Essentially, when a business owner frames an S corp, he/she will issue stock to every one of the owners — the company shareholders. With a risk exposure that’s fairly evened out, the S corp, in spite of being a legitimate business organization, shields its shareholders from numerous forms of business risk. The company benefits are shared among the shareholders, and every shareholder has the privilege of selling their shares. What’s more, it’s easier to raise capital! The cons: The prevailing assessment law has certain stipulations concerning the number of shareholders -- it’s restricted to 75. Moreover, S corp structures permit issuance of just a single class of stock. The measure of compensation paid to the managers who work at the S corp must also be considered — the IRS has set rules for it! Framing an S corp is by no means easy, and can be quite an intricate affair. Additionally, the expenses to keep up your S corp status can be considerable as well. Exploring Partnerships!In a partnership, at least two individuals manage a business utilizing an association contract. The most common partnership understanding will call on one general collaborator and conceivably a gathering of limited collaborators.
The pros: General collaborators have a lot of legitimate risks, and that obligation stretches out to their personal benefits. Also, every collaborator is obligated for the actions of different collaborators while managing the operations of the organization. Restricted partners are not associated with the administration of the organization, and their obligation is constrained to their interest in the association. The cons: Partnerships are pass-through companies, and so each partner must show his benefit in his/her own tax form. A word of caution though, the process of documenting an association return might be complex be that as it may. The association must record an assessment form that shares rundowns on each partner’s benefits, and the dollar estimation of each collaborator’s possession share. C Corps: With More Protection Come More Tax Assessments!A C corp isn't a pass-through company, quite simply as the corporation documents a government form and makes good on regulatory obligations as a corporation. The pros: As a C corp investor, your legitimate obligation will be constrained to the dollar measure of the value you possess. A C corp offers the most grounded level of lawful obligation protection for the proprietors. Likewise, business owners do find that a C corp is the most ideal approach for fund-raising, as you are at liberty to frequently issue stock offers, and your business has an eternal shelf life. The cons: You will be required to take after the incorporation rules for your particular state, and document yearly financial articulations. Income is taxed at both the corporate level and on the proprietor's individual (personal) assessment form. Do remember that your C corp will mandate more legitimate and administrative detailing than other kinds of business structures, and so its best advised that you make a corporate government tax file. Read up on these pros and cons to decide which of these business structures is the best for you!
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This is our blog series on professionals that I count on to support my clients, colleagues and me. Thank you for your professionalism my friends! Contact them directly for help. THIS WEEK WE PRESENT Describe your services or product? Our company provides translation, interpreting and other language-related services to law firms, banks and multinational companies, in any language, anywhere in the world.
Where do you reside? Miami, Florida What is your hidden talent? I’m very good at reading nonverbal cues. What is something that most people do not know about you? I spent five years trying to write the Great American Novel. It’s harder than you would think. What is the top item on your bucket list? (For example a place you wish to visit or activity that you wish to engage in like a marathon) I’m a cyclist, so I want to ride 10,000 in a calendar year. Describe the profile of your client? (Keeping in mind possible clients in foreign countries.) Small to medium-sized law firms who engage in any type of international business or who have non-English-speaking clients. Describe the profile of the strategic referral partners that you wish to meet both in and outside of your country? Attorneys, bankers, real estate agents, mortgage brokers who deal in any facet of international business. What is your contact information? chiers@transformaonline.com What is the key to your success or favorite quote? “Be bold, and mighty forces will come to your aid” —Goethe There is no perfect business structure — each has its own benefits and perils! Let’s take a look at them.
The Perils Of Sole Proprietorships! The pros: When it comes to various business structures, a sole proprietorship is the least difficult structure, since it doesn't mandate the proprietor to go about setting up another legitimate entity (although you ought to create an imaginary name). In the case of sole proprietorship companies, the proprietor is responsible for the profits and losses — which need to be accounted for through personal tax returns, using Schedule C. Pretty straightforward, eh? The cons: For expansion, or to purchase new equipment/machinery for business development, in all likelihood, you'll need to open a new line of credit/raise more funding. Which is rather tough as a solitary proprietor! This structure also opens the proprietor to boundless individual obligation, should any business dangers arise, making it riskier than other structures. LLCs — Is The Investment Justified?The pros: To maintain a strategic distance from the boundless obligation issues of managing a sole proprietorship, business owners prefer to set up Limited Risk (Liability) Corporations (LLCs). In this structure, the profits remain with the proprietor, but also work to confine the proprietor's legal risk. You can have countless members in your LLC, which makes it less demanding, more evened out and allows for easy capital raising initiatives. The cons: Initially, you will have to pay up certain costs for setting up the LLC with your state and thereafter, keeping up the LLC status. To some, the process of setting up an LLC is perplexing, because you need to choose an assessment status and create a working understanding among all members. This is our blog series on professionals that I count on to support my clients, colleagues and me. Thank you for your professionalism my friends! Contact them directly for help. THIS WEEK WE PRESENT
Describe your services or product? Worker’s compensation. Where do you reside? Miami Beach, Florida What is your hidden talent? I am super organized What is something that most people do not know about you? I write down and catalog my dreams. What is the top item on your bucket list? (For example a place you wish to visit or activity that you wish to engage in like a marathon) Life is complete Describe the profile of your client? (Keeping in mind possible clients in foreign countries.) Someone injured at work. Describe the profile of the strategic referral partners that you wish to meet both in and outside of your country? Any lawyers AND doctors who treat injured workers. What is your contact information? Bstein@dcfsz.com - 305-794-1292 What is the key to your success or favorite quote? Hard work. Quote. IF by Hillel Please let us know how we can help you with a referral or introduction to this professional or other similar ones. Contact us at 305-548-5020 or email us at fd@molawoffice.com This is a post by the Law Office of Yoel Molina, P.A. A law office based in Miami, Fla. We focus on business, corporate and civil litigation matters. Our services are available to clients based in Miami, Ft. Myers, Naples, Orlando, Tampa, Ft. Lauderdale, Jacksonville, Palm Beach, Mexico, Argentina, Chile, Colombia, Panama, Russia, Ukraine, India, Turkey and beyond. Call 305-548-5020 or email us at fd@molawoffice.com for more information.
Sole Proprietorship and Partnership
They both have many similarities but one huge difference. You don’t need to file paperwork or follow legal procedures when it comes to sole proprietors and partnership. In both cases, the owner(s) is responsible for the profit and loss situations. It is the owner’s responsibility when they face legal charges and court orders. When the owners start these business structures, they commit to bearing all the challenges faced by their business. Limited Partnerships Limited partnerships are expensive and very hard to run. The limited partnerships are run by limited partners and general partners. Limited partners are in the shadows but reap full rewards. Corporations and LLCs Corporation is totally different from partnerships and sole proprietors. It is a separate identity and the owner is completely different from the entity. The owners of an LLC pay taxes on their shares of the business income and it is similar to partnerships when it comes to taxes. Corporations and LLCs are mostly used when a risk of being sued by customers or they have personal assets they want to protect from business creditors. Nonprofit Corporations Nonprofit corporations, just like the name says, is a corporation that is made for the benefit of society. It is mostly run on donations and charities that are made by any one wants to. The government has exempted the nonprofit organizations of all the taxes, because they benefit the society in one way or the other. Cooperatives Cooperatives are made by people who love to start their businesses. This can be art, crafts or anything they love to do. These are referred in the market as groups. The environment of these groups are often known to be informal, since these are not legally registered. |
AuthorYoel “Mo” Molina and I am a lifelong resident of Miami, Fl. I am a graduate of Miami Senior High, Class of 1992, Georgia Institute of Technology, B.S. 1997 and University of Maine School of Law, J.D. 2001. I have been practicing law in Miami Since 2001. I am a former training prosecutor in the Miami-Dade State Attorney’s Office. I have experience in jury trials, appeals, and administrative hearings. I have appeared before judges across the State. My experience ranges from civil litigation matters, collection matters, foreclosure, business and corporate, contracts, real estate, leases and employment matters.. Archives
December 2020
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"My name is Anastasia Yecke Gude and I am the owner of Healing Hands Therapeutic Massage LLC. In the process of my company’s growth and expansion, I suddenly found myself a few weeks ago in need of a 1099 contractor agreement, and I needed it ASAP. As in, the very next day! I contacted the Law Office of Yoel Molina and his assistant put me in touch with Mo. I sent him what I had drafted up and he replied within a few hours with suggested revisions and clarifications, as well as a few insights I had not even considered. I was thoroughly impressed by the quality of work he provided, especially considering the time crunch I put him in (sorry, Mo!). I definitely recommend his services to anyone in need of a good contract attorney, and I will be calling him again for future work…hopefully in less of a rush next time!"
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