Changes to Tax Code That Make LLCs and S Corps More Attractive

With the Tax Cuts and Jobs Act a new tax deduction for pass-through business income was created (LLC, S Corp, Partnership and Sole Proprietorship income). The deduction allows for a 20% deduction of qualified business income. There are a few limitations, but in general this means that 20% of business net income can be a deduction on the owner’s personal tax return. *

Before the Tax Cut and Jobs Act a C Corporation had a range of tax rates between 15% and 35%. After the Tax Cuts and Jobs Act the corporate rate is now a flat 21%. For most large corporations this is a win with a lower tax bracket, but if you were operating as a C Corporation with net profits less than $50,000 this is an increase of 6%.

For this reason we are seeing:

An increase in the formation of LLCs (Liability protection; lower state fees overall; less paperwork)
An increase in new Corporations electing S Corp status
Existing Corporations making elections from C Corp to S Corp status with the IRS

Sole Proprietorships are not recommended in an asset protection strategy. With a Sole Proprietorship there is no protection for personal or business assets. A Sole Proprietorship has no Charging Order protection or “corporate veil protection”.

Nevada currently is the only state that has a Charging Order provision for closely held corporations.

* PLEASE NOTE: There are a few limitations to the Qualified Business Income deduction such as W-2 wage limitation; Service business limitation and higher income level limitation. Please seek advice from YOUR tax professional for your specific situation/goals.

Some information contributed by Elite Bookkeeping & Tax Services.

https://americancorpenterprises.com/charging-order-protection-for-nevada-corporations/

Documenting Your Business Activities

As stated in previous posts Corporate Record Keeping is essential when it comes to protecting your assets and tax benefits. Anything that is of major business consequence should be documented in your records. You need to show evidence that it was approved by the company.

Below are is a partial list of examples of business activities to document:

Amendments to the Articles
Annual Meetings of Shareholders/ Members
Annual Meetings of Directors/ Managers
Special Meetings of Shareholders, Directors/ Members
Authorization for Voting Proxy
Opening of bank account
Adding or changing bank signatories
Authorization to change or appoint company accountant
Authorization to appoint legal counsel
Authorization for payment of business travel
Changes to Bylaws or Operating Agreement
Changes in Stock/ Membership Certificates to correct errors or omissions
Changes in Officers/ Management (new appointments, resignations, dismissals)
Reimbursement for child care expenses
Independent contractor service (1099s for outside services)
Authorization for credit card
Authorization to establish line of credit for the company
Authorization for Foreign Qualification
Reimbursement for Life Insurance
Medical and Dental Reimbursement Plans
Mergers and acquisitions
Promissory Notes
Retirement Accounts
Purchase of Key-Man Policy
Real Estate leases or purchases
Setting salaries for Officers/ Managers
Authorization to pay for vehicle expenses (purchases, leases, maintenance, insurance, gasoline)
Dissolution of company

We do offer Corporate Record Keeping Assistance. For more information and sample forms, visit https://americancorpenterprises.com/what-we-offer/services/corporate-record-keeping/

Protect Yourself from Your Small Business

BUSINESS ACHIEVEMENT CENTER: Protect Yourself from Your Small Business: Contributed by Cassandra Jones, Esq. Houghton Jones, A.P.C.

Despite the economy, I have seen many people endeavoring in a small business lately. According to the US Census Bureau, Nevada has nearly fifty thousand businesses. Over 55% of those businesses have four or fewer employees. Small business really is the backbone of our community. Many people work hard to operate their business, and to take care of their employees and family.

What many small business fail to do, however, is to take advantage of the different business entities available in the state of Nevada. Instead, these small businesses operate as sole proprietors or general partnerships. A sole proprietor is any individual operating a business directly, without forming a business entity or registering with the secretary of state. Similarly, a general partnership is a group of people directly operating a business, without forming a business entity or registering with the secretary of state. A general partnership may or may not have a contract defining the rights between the partners. Read more…

Find out more about American Corporate Enterprises by visiting our website at https://americancorpenterprises.com.At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.

At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us

Toll free (888) 274-1130 or (775)884-9380 today and visit our website at www.staging-americancorpenterprises-staging.kinsta.cloud.

Why Should You Incorporate?

Because of the length of time corporations have been in existence, there is a long record of statutory and case law which supports the use of a corporation for asset protection.

Consequently, corporations are traditionally considered for use as the “First Line of Defense” to accomplish the goal of limited liability. Following are some important attributes and advantages to a corporation which allow it to be used for limited liability as well as other purposes.

•The corporation is a totally separate entity from any individual- it is not you, and you are not it. This is important to remember in maintaining the limited liability protection. It must be treated as a separate individual

•A corporation can buy, sell, trade, own property, own stock, make loans, etc. and anything else that an individual can do; such actions are governed by the Board of Directors

•The shareholders of the corporation do not have to live in the state in which the corporation is domiciled. Fortunately, here in Nevada, neither do the Officers or Directors

•Corporations have perpetual existence- if a Director or Officer becomes deceased, the corporation will still exist, unlike with some other entities

•There are many tax deductions available to corporations, which are not available to other entities

•It is easy to transfer assets and ownership of a corporation

•Centralized management allows ease of doing business

•Full fringe benefits can be established through a corporation

•A corporation has all of the rights of an individual except for the Fifth Amendment

Please be advised that we are not engaged in rendering legal counsel or accounting services. If legal advise, or other such services and assistance is required, the services of a professional person in that area should be sought. At your request, however, we may consult with you and render our opinion based on our business experience.

American Corporate Enterprises works with and provides services to Attorneys, CPAs, Financial Consultants, etc. in order to meet the needs of our clients. We would be happy to refer you to such a professional at your request.