What are corporations? Corporations are businesses organized as private entities from the state, the United States government, or other recognized bodies. What corporations already have become our asset corporations because the first law to cut corporations out of the tax bill was passed in Maryland in 2021. There is now an initiative petition going up for a second round of voting on this bill, which may push it further into the passage. Please take part in this vital step in corporate accountability.
Corporate governance consists of many different elements, the most important of which is to ensure that shareholders (the people who own voting rights in the corporation) actually benefit from their investment in the corporation. A key component to that is to ensure that shareholders do not have majority control over the company, or its board of directors. For decades, shareholders have been allowed to elect their own directors and set the terms of their term. The problem with these traditional corporations is that directors are often selected from the same corporate constituency statutes that govern how corporations get established in the first place, such as labor unions, business associations, or large corporations.
This makes it very difficult for the corporation to change internal operations without suffering some form of penalty. In addition, directors often spend most of their time trying to keep their corporation honest rather than doing the jobs that they should be doing (making money). To solve this problem, corporations are emerging publicly or creating a hybrid form of corporation that is a legal entity yet has a limited liability. This structure provides them with liability protection while still providing them with the freedom to innovate and expand. Limited liability corporations are also referred to as C corporations.
Why would you want to invest in limited liability companies? Currently, if a corporation does not provide shareholders with adequate dividend payments, or sufficient capital appreciation to support their investment in the business, then they are not subject to double taxation. The IRS views corporations as financial institutions that are not personally liable for the debts of other private parties, therefore, they are not required to pay taxes on income or dividends unless the corporation itself becomes insolvent. Double taxation is levied on corporations if they do not comply with the double taxation provision.
The IRS considers two different types of corporations, one being a public corporation and the other being a partnership. The IRS calls both types of corporations “C corporations,” which is why you see both types of corporations listed in standard dictionaries. However, there is a subtle difference between a conventional corporation and a for-profit company, which is why we have the option to elect or convert to a limited liability company. A limited liability corporation is a completely separate legal entity from its owners. It cannot borrow money, receive dividends, or be sued by anyone, although they may conduct business in the same manner as a conventional corporation.
A publicly traded corporation is one that has gone public, meaning that shareholders have voted to make a profit, and then have divided the profits between them. Public corporations are considered higher risk than other types of corporations because they are exposed to more risk. This is because shareholders are able to sue corporations that they think may be fraudulent, meaning that they are allowed to take control of the corporation. A properly established and run open corporation allows regular shareholders to protect themselves against fraud.
As you can see, there are a lot of potential advantages to incorporating as a for-profit business. Although the benefits of incorporating are well-documented, there are some key takeaway points to keep in mind before you decide to incorporate. First, as stated earlier, most corporations have some sort of tax benefits associated with them. While they vary greatly from state to state, some key benefits include exemption from property and casualty insurance and business assets and liabilities passing through the life cycle. To take advantage of these tax benefits, you need to consult a certified public accountant or business owner’s insurance agent to determine exactly which tax benefits your particular corporation will be entitled to.
There are numerous nonprofit corporations formed every year with the sole purpose of using their proceeds to support nonprofits. These nonprofits are generally not-for-profit organizations, but sometimes benefit corporations do not realize before incorporating. This is why it is crucial to understand exactly what tax benefits your company could be entitled to if you incorporate as a nonprofit.
