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How to Incorporate Your Small Business

If you are a sole proprietor, you might be considering incorporating your small business. There are many reasons why small businesses turn to incorporation. It is more difficult for a sole proprietor to raise capital because they have no shares of their company to sell. It is also harder to get banks to finance your business venture. Taxes are a huge concern for small business owners, because it is possible to be required to pay the federal tax rate and a self-employment tax, meaning you are being taxed twice. The biggest risk for small business sole proprietors is the unlimited liability they face if their business is sued. This can put your personal assets at risk. It is for these reasons that small business owners need to learn how to incorporate their small businesses.

When you are looking to incorporate, small business solutions can include online incorporation. There are several online services available that provide all of the forms and information needed so that you get the type of incorporation that is appropriate for your business needs.

When you think about how to incorporate, business owners have several options available. You might choose the LLC, or limited liability company structure, an S-Corporation or C-Corporation format, or a non-profit incorporation model. With all of these business structures, there are forms to fill out and fees to pay in each state in which you will do business.

An LLC combines the advantages of being a sole proprietor with the tax and liability protection advantages that come with incorporation. An LLC can be made up of only one person--other structures require a board of directors. In this format you will usually pay self-employment tax on profits you take out of the business. No shareholder meetings are required, and the recordkeeping is easier than in other incorporated business structures.

When you are incorporating, business owners often choose the C-Corporation model. In this format, you will need to elect a board of directors, and a group of shareholders must take major business decisions under consideration. The board of directors handles the daily management of the company. You may sell stock in your company to shareholders, which is a great way to raise money for business purposes, and you can deduct the cost of employee benefits from your business tax obligation. C-Corps are required to hold annual meetings and keep minutes of them. This format often works best for larger businesses.

An S-Corporation is named after the Subchapter S code of the Internal Revenue Service's tax laws. The shareholder/owner can pass corporate earnings and profits straight onto his or her personal tax return, and all workers at an S-Corp must receive "reasonable compensation standards," according to the IRS. S-Corp dividends are required to be distributed to shareholders based the number of shares they own.

When you say to yourself that it's time to incorporate my business, online incorporation can be a great first step in meeting that business goal.

Wayne Hemrick specializes in online incorporation. If you are asking how can I incorporate my business, Wayne can provide you with the answers. Wayne's advice on incorporating business has proven successful for many small businesses.

Payroll Ohio, Unique Aspects of Ohio Payroll Law and Practice

The Ohio State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

Department of Taxation P.O. Box 2476 Columbus, OH 43266-0076 (614) 433-7887 (888) 405-4039 www.state.oh.us/tax

Ohio requires that you use Ohio form "IT-4, Employee's Withholding Exemption Certificate" instead of a Federal W-4 Form for Ohio State Income Tax Withholding.

Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Ohio cafeteria plans are not taxable for income tax calculation; not taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.

In Ohio supplemental wages are taxed at a 3.5% flat rate.

You may file your Ohio State W-2s by magnetic media if you choose to.

The Ohio State Unemployment Insurance Agency is:

Ohio Department of Job and Family Services Unemployment Compensation Division 52 Robinwood Ave. Columbus, OH 43213 (614) 466-2100 www.state.oh.us/odjfs

The State of Ohio taxable wage base for unemployment purposes is wages up to $9,000.00.

Ohio has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Ohio for a minimum period of five years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.

The Ohio State Agency charged with enforcing the state wage and hour laws is:

Department of Commerce Division of Labor and Worker Safety Wage and Hour Bureau 50 West Broad St. Columbus, OH 43215 (614) 644-2239 www.state.oh.us/Business/Employer/ProtectingYourBusiness/Wages.htm

The minimum wage in Ohio is $5.15 per hour (large employers), $3.35 (medium employers), and $2.80 (small employers).

The general provision in Ohio concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40-hour week.

Ohio State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

  • Employee's name
  • Employee's address
  • Employee's date of birth
  • date of hire
  • Employee's social security number
  • Employer's name
  • Employers address
  • Employer's Federal Employer Identification Number  (EIN)

This information must be reported within 20 days of the hiring or rehiring. The information can be sent as a W4 or equivalent by mail, fax or electronically. There is a $25.00 penalty for a late report and $500 for conspiracy in Ohio.

The Ohio new hire-reporting agency can be reached at 888-872-1490 or 614-221-5330 or on the web at www.oh-newhire.com

Ohio does allow compulsory direct deposit but the employee's choice of financial institution must meet federal Regulation E regarding choice of financial institutions.

Ohio has no State Wage and Hour Law provisions concerning pay stub information.

Ohio requires that employee be paid no less often than semimonthly; monthly if allowed by custom of contract and wages paid by first of next month.

Ohio requires that the lag time between the end of the pay period and the payment of wages earned 1st half of month, pay by 1st of next month; wages earned 2nd half of month, pay by 15th of next month.

Ohio has no general provision on when terminated employees must be paid their final wages.

Deceased employee's wages of $2, 500 must be paid to the surviving spouse, adult children, or parent (in that order).

Escheat laws in Ohio require that unclaimed wages be paid over to the state after one year.

The employer is further required in Ohio to keep a record of the wages abandoned and turned over to the state for a period of 5 years.

Ohio payroll law mandates no more than $3.02 (less for small and medium employers) may be used as a tip credit.

In Ohio the payroll laws covering mandatory rest or meal breaks are only that minors under 16 must have 30 minutes rest after five hours of work.

Ohio statute requires that wage and hour records be kept for a period of not less than three years. These records will normally consist of at least the information required under FLSA.

The Ohio agency charged with enforcing Child Support Orders and laws is:

Office of Child Support Ohio Department of Human Services State Office Tower 30 E. Broad St., 31st Fl. Columbus, OH 43266-0423 (614) 752-6561 www.ohio.gov/odhs/Ocs/index.htm

Ohio has the following provisions for child support deductions:

  • When to start Withholding?    14 working days after the withholding order is mailed to the employer.
  • When to send Payment?    Within 7 days of Payday.
  • When to send Termination Notice?    Within 10 days of termination.
  • Maximum Administrative Fee?    greater of $2 or 1% of payment
  • Withholding Limits?    Federal Rules under CCPA.

Please note that this article is not updated for changes that can and will happen from time to time.

Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice. Mr. Read is the author of “How to Start a New Business”.

For Professional Payroll services at a Budget Price go to http://www.PayrollonaBudget.com a Paperless Payroll Company.

Go to http://www.CustomPayroll.com  For a full service payroll service bureau with CPA's on staff.

See an excerpt of Mr. Read’s interviews from William Shatners “Heartbeat of America” television show on the websites linked above.

How Online Incorporation Can Help You

If you are a new small business owner, then likely you are juggling several business-related jobs during the course of each work day. You may be the company president, secretary and treasurer all rolled into one person. You could be the work force for your company, with all of the day-to-day responsibilities that come with it. Chances are as a small business owner, if you are considering incorporating your business, you might not have the time to devote to all of the research and form preparation required to do so in accordance with the state and federal laws. This is why incorporating online can be a huge benefit to sole proprietors and small business owners.

There are several forms you will need to have filled out in order to form a corporation. One is the articles of formation for your new business. If your business is brand new, you might also need to make a company name search and reserve the name for use as a domain name for a business website and affiliated web store. When it comes to online incorporation, there are several online services that can save you the hassle of figuring out exactly which forms you need to fill out, and the research involved in doing it correctly. Business owners are so busy actually running their businesses that sometimes they do not have the time necessary to devote to paperwork, and that is when hiring an online service to do it for you can be a big benefit to the harried business owner.

You will also want to think about if you want to incorporate in only your home state, or if it would be beneficial to set up shop in several states, or even internationally. You need to be aware that each state has laws that govern incorporating there, and they all vary to a greater or lesser degree. Taking the time to learn all the state laws, as well as the Internal Revenue Service regulations, concerning forming a corporation is a separate job unto itself. This another reason why online incorporation can save you a lot of time and effort.

When it comes to incorporating, small business owners will want to determine if they will require a registered agent, especially if they are incorporating outside of their home states. This agent will receive important business documents like annual reports and IRS reports at an office registered to you in the state where you are doing business. Then your agent will forward this information to you or the person you designate to be your contact staffer. This is when incorporating online can be a real benefit, because these services often offer Registered Agent services in any state in which you wish to do business, saving you the headache and expense of hiring someone and renting an office long distance.

Whether you want to form an LLC or a C-Corp, there are online incorporation services ready to help you complete this important task.

Wayne Hemrick has been assisting small businesses with online incorporation for over a decade. For businesses with questions on how to form an LLC, his informative and seasoned advice for incorporating online comes highly recommended.

Resource Guide For Small Business Start Up Venture Capital

Small Business Resource Guide. The "How to Where to Guide" for all small business on advice, money, financing, public funding, grants, capital seed, venture capital, networking, product development, research, education, management and start up business plans. Get small business loans and start up capital. US Government and local contacts for Cleveland and Akron Ohio.

Consortium of African-American Organizations Minority businesses, research, education. Information about starting or running a restaurant. Industrial Incubator - Management services, capital, seed, incubator, operations. Bio Enterprise - Business Plans, validation, assess, strategy, capital, seed, venture capital, research, incubator, advice. bio tech. Advice, public funding, manufacturing, operations, product development, info, intellectual, tech. network. Information about structuring a business plan sample plans. Services Offered Advice: Help with big picture management decisions such as how to make or price a product. Assess: Assessment or your business Concept. Management Help to develop managers. Plan Help writing a business plan.

Strategy Thinking or rethinking your business concept works. Validation Making Sure your business concept works. Capital Help Finding debt or equity to capitalize your business. Grants Help finding grants (which you don't have to repay).Micro Loans and help for very small or start-up business. Public Funding Leading programs tat gets some or all of their money from the Government. Seed Early stage money for business being developed. Venture Capital Investor equity that comes later in a company's development. Biotech - Biotech or bioscience business help. Incubator Buildings that offer, rent, utilities and technical help to small businesses. Marketing for your future.

Top 8 Reasons to Incorporate Now

There are so many benefits to incorporating your business and doing so now rather than waiting until the end of 2007 or beginning of 2008 will provide even more. Here is a list of the top reasons anyone should incorporate with a few added reasons why you need to do so now.

Reduce your personal liability. But operating your business as a sole proprietorship or general partnership you putting all of your personal assets at risk for the actions of your business. For example, if something goes wrong in the business and a creditor isn't paid, they can go directly to you personally and ask for the money. If you can't pay, they can force you to sell off assets. The same is true in case of a lawsuit where a judgment is filed against your business and with the odds of a lawsuit so great you don't want to leave your personal assets at risk.

Establish credit in the business name only. By setting up a Corporation or LLC you have the ability to set-up a separate business credit profile from that of the owners and officers of the business. The owners will not have to rely completely on their personal credit when seeking credit and loans.

Save on taxes. There are several deductions and tax strategies available to a Corporation and LLC that are not for the sole proprietorship or general partnership. Work with your CPA to develop the best strategies for your individual situation. If you have a CPA that says you shouldn't incorporate, I would suggest interviewing other CPAs. I have heard of CPAs telling small business owners that they don't need to incorporate and I was able to show that same client how they could have saved $25,000 in taxes the previous year.

Your business is more credible. By adding an Inc. or LLC after your business name it implies that your business is larger and more knowledgeable.

Attract Investors. Investors don't want to pour money into a sole-proprietorship or general partnership. They wouldn't have shares in the company, they would be personally liable for the business and they don't have something easy to sell when they want out. A Corporate structure has stock that is easily transferable and investors feel from comfortable when investing in a legal structure, such as a corporation or LLC.

Transfer ownership easily. You can transfer ownership with a corporation or LLC with a simple sale of stock.

Age of the Corporation. By incorporating in 2007, your business becomes one year older in just one month. If you wait to incorporate in January of 2008, you will need to wait 12 months before you are a year old. Many credit grantors and applications ask for the year of incorporation not the month. So if you are a December 2007 corporation, in March of 2008 you are not three months old but rather 1 year in the eyes of many credit grantors. In addition, in 2 or 4 years from now you will tell people that you started your company in 2007, not December of 2007. So you are now 3 or 5 years old.

Busiest time of the year. December is the busiest month of the year to incorporate. If you wait until the last minute you may end up getting a January 2008.

Receive the booklet How to Build  Business Credit by David Gass - President and Founder of Business Credit Services. It will share with you how more than 10,000 businesses across the nation have achieved over $175 million in combined financing in their business name only, all using his patent-pending system to build corporate credit separate from your personal credit.

You will also learn the first steps required to getting a business loan, lease, and other lines of credit without the use of a personal credit check or guarantee.

Business Credit For Ohio Companies: A Beginner's Guide

Business credit for Ohio companies is the biggest source as far as the volume of business financing is concerned. However, one should clearly understand that business credit is altogether different thing from the credit cards, consumer credit, commercial loans, venture capital and credit unions. To be precise, business credit refers to the credit for the businesses. There will be no exaggeration if we call it the driving force of the economy today.

Receivable accounts are either first or the second largest asset on the balance sheet of the most of the Ohio companies. This asset is vital for the cash flow of the company. If a company is compelled to write off any account because of the failure, then its effects are far reaching. It will result in extra cost, because of the loss of service, inventory and products.

Life will be Difficult For the Companies without Business Credit: For most of the Ohio companies, it will be difficult to exist without extending the business credit. From where does the process of business credit start exactly? It starts with the decision of the customer of buying any product or service for the resale. The credit department has to look after from getting order up to the collection of the amount. Business credit may be used either for the purpose of buying goods that the companies will resale or for the things that will be used in making the goods for reselling or for the exchange of services among the companies. Business credit is nothing but the capital that the businesses need for smooth operation. Business credit is responsible for the daily business transactions worth billions of the dollars.

Past few years have witnessed radical changes in the responsibility of the business credit managers. Like any other state, good management of business credit is necessary for the growth of the Ohio companies. Although, the different companies have different expectations from the business credit managers, yet the key function of any business credit manager is to moderate the risk and managing the receivable accounts. However, it should not be at the cost of losing competitive edge because the business surroundings are becoming more and more complex.

NACM OHIO is the best for the Ohio companies to get help in regard with management business credit. Since the year 1896, NACM has been serving the Ohio companies by providing required information and resources so that they can take right decisions regarding the business credit. It also offers information services, continuing education, collections and worldwide credit reports to the manufacturers, fortune 500 companies, and wholesalers.

Receive the booklet How to Build  Business Credit by David Gass – President and Founder of Business Credit Services. It will share with you how more than 10,000 businesses across the nation have achieved over $175 million in combined financing in their business name only, all using his patent-pending system to build corporate credit separate from your personal credit.

You will also learn the first steps required to getting a business loan, lease, and other lines of credit without the use of a personal credit check or guarantee.

Why Incorporate a Business

If you are a business owner, you might be wondering why incorporate a business? Many people run their small businesses as sole proprietorships for many years. However, as tax time comes round, you might be dismayed to see how much of your business income goes to pay taxes for a sole proprietorship. This is when many small business owners begin to consider if incorporation is right for their business.

One big reason why businesses decide to incorporate is that in the United States business law favors corporate interests, giving them rights, privileges and protections that are often no longer available to individuals. This goes back to an early Supreme Court case that had an amendment added to it by a law clerk. The case was Santa Clara Co. vs. Southern Pacific Railroad, and the law clerk essentially wrote his own words into the judge's opinion. The wording he added caused corporations to be considered as natural human beings, and gave them the same rights as humans under the 14th Amendment of the Constitution. This classification has been the entry point for some large businesses to influenced lawmakers to favor legislation that helped them to grow in power and size.

When it comes to incorporating, small business owners know that this legal process allows them to take on some risk without the danger of losing all of their possessions should the business fold. There are benefits that come with all types of incorporation, but they vary depending upon how your business structure is set up.

Many businesses begin as sole proprietorships. This usually means you are doing business under your own name, although you can do business under a fictitious name, the name of your business, as well. A sole proprietorship is not a corporation, and the benefit of this is that you will pay not corporate taxes, but instead you pay taxes on the profits of the business. The bookkeeping involved in a sole proprietorship is usually less complex than might normally be expected for a corporation. Your business profits go directly to the business owner in this model. This business structure is easily formed and dissolved legally, and you have the most control over your business decisions, because you have no one else to answer to.

When it comes time to incorporate, business owners usually do so in order to lower the amount of tax they must pay. As a sole proprietor, you may have to pay both the federal tax rate and a self-employment tax, which is in effect double taxation. Many business owners want to learn how to incorporate business structures because they also want limited liability. Sole proprietors can face unlimited liability if their business is sued, and it puts their personal assets at risk.

When considering incorporating small business, owners can select from the LLC, C-corporation, S-corporation, and even non-profit status.  For the most information on how to incorporate business, owners should look into each of these formats to see which is right for them.

Wayne Hemrick provides services for incorporating small business. In this article, Wayne addresses the questions of how to incorporate business entities and why incorporate a small business venture.

5 Good Reasons to Incorporate Your Business Online

You've decided to incorporate your business, but aren't sure how to proceed. Incorporation is a process that involves lots of decision-making, paperwork, and legal processes. Thankfully, you don't have to go far to learn the ins and outs of incorporation. You can now incorporate online with helpful services that are just a click away. Here are five good reasons to incorporate online.

1. Never Leave the Home or Office

One reason to incorporate online is you can get all the help you need from the comfort of your own office or home. With online incorporation, you'll have all the facts about corporations at your fingertips. The incorporation services provided online usually come from those who are experienced and can provide you with the paperwork and guidance needed to ease the process. You'll save time and many headaches by using an online incorporation service and you won't have to run from one place to another trying to determine what is needed.

2. State-by-State Incorporation

No matter what state you plan to incorporate in, you can incorporate online within minutes. Many online services are equipped to handle incorporation paperwork in multiple states. The services can provide you with detailed information about the state such as the fees to incorporate a business, total cost for incorporating, how long the process will take, and the steps or paperwork required to incorporate in that particular state.

3. Incorporate Quickly

Some online services may offer expedited incorporation services. This service can be useful if you need to incorporate your business in a hurry. Expedited service often costs a little more, but can be well worth it if you need it fast. By choosing this option, your business might be incorporated within 10 days or less.

4. Know all the Facts

When you incorporate online, you can know all the facts about incorporation before deciding to take that final step. You can take time from your home or office PC to read about forming a corporation, the requirements involved, and the pros and cons of incorporation. This will enable you to make an informed decision and determine the proper direction for your business.

You can also compare different forms of business, such as Corporation, S Corporation, forming an LLC (Limited-Liability Company), sole proprietorship, and partnership. For instance, to form an LLC and a corporation is similar in some ways, but very different in others. LLC formation should be carefully compared to incorporation before making a decision.

5. Save Money

To incorporate online is often more affordable than hiring an agent or attorney to do the paperwork for you. Online services are able to operate with minimal expenses by providing Web forms and information via the website. These savings are passed on to you and enable you to incorporate your business with a minimal investment.

These are only a few reasons to incorporate online, but there are many other benefits. Discover all that incorporation can offer for your business today, and watch your business soar to new heights!

Chris Robertson is an author of Majon International, one of the worlds MOST popular internet marketing companies on the web. Learn more about 5 Reasons to Incorporate Online or Majon's Business and Entrepreneurs directory.

Incorporate Your Business for Long-Term Benefits

If you're considering turning your small business into a corporation, there are certain benefits to expect when it comes to taxes, liability, and company operations. Though incorporation isn't the answer for every business, it's good to be familiar with the benefits from the start so you can maximize your company's potential for future growth.

Incorporate Your Business for Possible Tax Advantages

Tax benefits are the main reason many companies decide to incorporate. A corporation enables you to accumulate your wealth and assets with special tax rates meant for corporations. These rates are a bit lower than tax rates for individuals. Also, when you own a small business and do not incorporate the business, you must pay self-employment taxes (including social security tax) along with regular income tax, either quarterly or in one lump sum. Operating as a corporation enables you to set up a payroll structure similar to working for someone else, where these taxes are taken out of your paycheck little by little on a regular basis.

Corporations are able to deduct many operating expenses without restriction. They can also split income with shareholders, a process that often lowers the overall tax bracket for the corporation. The term for this is called "shifting." Corporations are also less susceptible to IRS audits whereas sole proprietors are targeted frequently for audits.

Corporation Benefits for Employees

When you incorporate your business, you may receive tax-free benefits as an employee such as medical insurance, life insurance, a retirement plan, education, work-related travel, and client or employee entertainment. Most states allow for these benefits even if your corporation only has one employee.

Liability Benefits

Liability is another major benefit of forming a corporation. Because a corporation is a legal entity of its own, it is similar to person, which means it can be sued or sue another. The shareholders are not held responsible for the corporation's obligations and debts. In a sole proprietorship or partnership, you could lose everything you have (including your home and personal assets) if a lawsuit is filed against your company.

Corporations Live On

After you've retired or passed on, your corporation will still exist for another to continue the business. This is possible because a corporation doesn't rely on one or two persons to be an operating business. It is a separate legal entity that can be operated by a group of shareholders and board of directors.

Financial Benefits

When you incorporate, you give your company the ability to grow financially. It's much easier to raise money for a corporation, and shareholders can help make things possible that you as an individual cannot accomplish on your own. The business will have more opportunity to grow and become a great success as a corporation.

Forming an LLC

Even when considering all the benefits of incorporating, you might still be hesitant about this decision. Forming an LLC (Limited-Liability Company) is another option. When you form an LLC, you are creating a legal entity for your business just as with a corporation. You are not legally liable for your company's debts, but the tax requirements are different than those of a corporation. Be sure to study the differences between the two before making a decision. LLC formation might be the right avenue for your small business.

If you feel it will benefit your business to incorporate, you can check out great resources on the Web to help the process go smoother. There are many websites that enable you to incorporate online and provide helpful tools so you can start enjoying corporate benefits in no time.

Chris Robertson is an author of Majon International, one of the worlds MOST popular internet marketing companies on the web. Learn more about Benefits of Incorporation or Majon's Business and Entrepreneurs directory.

Incorporating Small Business Ventures

There are many answers to the question of why incorporate, but the overall best reason is that, in general, incorporating your business will protect your personal assets from the risk of seizure if your business is sued. When it is time to say, "Incorporate my business," you may think about turning to an accountant or a tax adviser, or even a lawyer. All of these are good solutions to the problem of incorporating your small business, but very likely they are out of your small business price range. Instead, you might want to look into online incorporation. There are many ways you can utilize the ease and value of online services to show you how to incorporate small business ventures.

When it comes to answering the question of how to incorporate, business owners often look into online incorporation services. Depending on your specific business and where you wish to conduct that business, you will find online services that can register your business in any state in the union, or even internationally. Therefore, one important business question to answer is where you wish to conduct business. If it is in your home state alone, you will pay fewer fees and have less paperwork to deal with than if you want to do business in several states. The upside to doing business in a wider geographical venue is the opportunity to earn a greater profit from your work. Some states, such as Nevada and Delaware, are quite business friendly, and so businesses from out of state often find an advantage by registering their business in either of these two states.

You will also need to decide what type of business entity will work for your small business. You might choose to form an LLC, or limited liability company, an S-Corporation, a C-Corporation, or a non-profit corporation.

When it is time to think about incorporating, small business owners often start with the LLC format. This requires less initial paperwork to originate than other more complex forms of incorporation. You need no shareholders to form an LLC. If you are currently working as a sole proprietor, you can function in the LLC with one person performing all of the jobs of chairperson, secretary and treasurer. There are no required shareholder or board of director meetings and minutes in an LLC. Other types of recordkeeping is also much less than might ordinarily be expected with other forms of incorporation. Your personal assets are separate from your business assets, and this helps protect you from getting sued and losing your personal assets.

When learning how to incorporate business, many owners  turn to online incorporation services. They can provide appropriate incorporating small business solutions that will work well for your specific business needs.

Wayne Hemrick provides detailed information on how to incorporate business. With over over a decade of experience, Wayne offers expert advice on incorporating small business and helps to answer the question of why incorporate.