Business Formation
The most frequently asked tax questions related to Business Formation
Sole Proprietorship - Schedule C
Do I have to carryback my current years business loss?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
No. you may make an election to forego the carryback. You must attach a statement claiming to forego the carryback and file it with the current years tax return by the due date plus extensions.
Sole Proprietorship - Schedule C
What are some advantages of selecting to be a Sole Proprietor compared to other entities?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
A sole proprietorship is a business opened under the name of one individual or married couple. The sole proprietorship is not a separate entity, and all taxes are filed on a personal tax return. There are many advantages to starting a sole proprietorship.
You can start a sole proprietorship with as little as $20 because in most states this is the most you will pay for a business permit. Other more expensive filings are not needed, so you can save the money you would spend on a lawyer on your business.
In a sole proprietorship, the owner keeps all the profits. You do not have to share profits with investors as you would with a corporation.
As opposed to a corporation, you can use fund from your business for personal use. In business forms where there are partners or investors, you have to get permission to take money out of the company for personal expenditures.
The owner is the decision maker in a proprietorship, so you do not have to clear decisions with a board of directors or a partner in a partnership.
If your business fails, all losses are your own, and you don't have the headache of paying back business partners. You will also have no lawsuits from angry investors as you would have with a corporation.
Sole Proprietorship - Schedule C
What are some disadvantages of selecting to be a Sole Proprietor compared to other entities?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
A sole proprietorship is one of the four basic types of business entities. It is the easiest kind of organization to create but it also has some of the largest drawbacks. A sole proprietorship is not registered with the state as a corporation or limited liability company.
Sole proprietors are generally not shielded from liability when it comes to the company's actions. Unlike LLC's or corporations, there is no "corporate veil" shielding the individuals from the responsibilities of the company.
Sole proprietorship are not separable for tax purposes. That means the owner and the business is viewed as the same entity by the government and are taxed as a single entity. Also, sole proprietorship generally has the fewest tax breaks and benefits.
Business debts under a sole proprietorship are not separable from the owner's personal debts. That means your personal possessions can be sought by creditors if you default on payments or loans.
A sole proprietorship is a one person operation. You can not take on partners or others to run it with you, only employees.
With no partners and unlimited liability, it can often be difficult for sole proprietorships to get funding.
As the only person in control, owners of sole proprietorships can have unlimited demands placed on their time.
Sole Proprietorship - Schedule C
Are health insurance premiums an expense claimed on Schedule C.
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
No. 100% of the health insurance premiums paid for yourself, your spouse and your dependents are claimed as an adjustment to income on Form 1040 line 29.
S Corporation - include a nonresident alien?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
None of the shareholders can be nonresident aliens.
Can a LLC be owned by another business?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
Yes, An LLC and a C Corporation may be owned by another business instead of individuals. S Corporations, Limited parnerships and Sole Proprietorships cannot be owned by other businesses.
Are the LLC owners liability limited?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
Yes. LLC's have similar liability limits as do C or S Corporations.
Sole Proprietorships and Limited Partnerships are personally liable for business liabilities.
Are there citizen requirements for LLC's?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
No. There are no citizen requirements for LLC's, Limited partnerships, Sole Proprietorships or S Corporations. There are citizen requirements for S Corporations.
Is there a limit on the number of owners a LLC has?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
No. There is no limit on the number of owners (members) for a LLC or a Limited partnership or a C Corporation. There are limits for S Corporations and Sole Proprietorships.