A corporation has the unique advantage of true separation of the owner with the business. This means that the corporation files a separate tax return from its shareholders. In contrast, there is less separation of the business from its owner in a sole proprietorship or partnership structure. In addition, transfer of ownership in a corporation can be done through issuance of shares, a legally binding instrument that is widely recognized by investors. Show
A corporation is a legal entity that is separate and distinct for its owners, called shareholders. What this means is that the corporation can enter binding agreements apart from its owners. In other words, a corporation's assets and liabilities are separate from its owners. This protects shareholder assets should the corporation default on its debt obligations and creditors are seeking to sue the company.
Corporations are ideally suited to raise capital through the issuance of shares. Each share represents a fractional ownership interest in the corporation. It is easy for an investor to calculate his ownership stake in a corporation. For example, if there are 500,000 shares outstanding and an investor owns 5,000 shares, his ownership stake is 1 percent. Many of the largest corporations raise money in the capital markets by offering their shares to the public. Their shares trade daily on a stock exchange and there is a wealth of information readily available to new investors. Because of this, the corporate structure is favored by outside investors over other business operating structures.
Unlike the separate identity a corporation enjoys, sole proprietorship and partnerships are strongly tied to their owners. While there may be some distinction when it comes to certain financial transactions, the owners of these business operating structures face greater scrutiny regarding business transactions, as they are the face of the organization. This lack of anonymity exposes the owner to the risk that he is ultimately responsible for liabilities of the business. Sole proprietorships and partnerships are free to seek outside investors. However, they cannot sell shares that are traded on public markets as corporations can. Investment by outsiders is thus less appealing, and many sole proprietorships and partnerships are closely held by company founders.
Corporations file taxes apart from shareholders. A downside of the corporate structure is the double taxation that shareholders face if the corporation pays a dividend. In this case, the corporation pays income tax on its profits and shareholders pay taxes on their share of the profits distributed as dividend income. A shareholder can enjoy the appreciation in the value of his shares and pays taxes on the capital gain only when he sells his shares. In contrast, a sole proprietor or partner must report his share of the profits (or loss) from the business on his personal income tax return. If you’re an entrepreneur with a great idea for a business venture, at some point you need to decide whether to incorporate, or not. Choosing to incorporate can help you protect your small business—and you— as it grows. On the other hand, you may only require a simple structure and want your business registered as a sole priprietorship. Whichever you decide on, it’s important that the business structure of your new company reflects your goals for the future. To choose the right business structure, you should understand the benefits of each as well as setup costs and financial and legal implications. Determining whether to register your new business as a sole proprietor vs. corporation can be difficult, but Ownr is here to make it easier. What is the difference between a sole proprietorship and a corporation?A sole proprietorship is the simplest business structure. There is only one owner who files a personal income tax return for all profits earned. There is no legal distinction between the business and the owner, meaning that any financial or legal obligations are the sole responsibility of the owner. A corporation, on the other hand, separates the owner from the business, and defines the business as its own legal entity. The owner is not personally liable for the business’s financial and legal responsibilities and also benefits from its corporation status through advantages like small business tax rates and easier access to capital. Note: There are other options to sole proprietorship and incorporation, including cooperatives, nonprofits, and general partnerships (which are very similar to a sole proprietorship but with two or more owners). Sole proprietorship – benefits and considerationsSole proprietorships are the most common form of business organization in Canada. Let’s first explore what it is and why so many Canadians choose to register their business as a sole proprietorship. What is a sole proprietorship?Simply put, a sole proprietorship is a business structure in which an individual owner of a business takes on all the legal responsibilities, profits and debts of the company. Benefits of a sole proprietorshipThere are many benefits of registering your business as a sole proprietorship. 1. It’s simple and quick to registerRegistering as a sole proprietorship is the simplest business structure. You can set it up in minutes if you choose to register your business as a sole proprietor with Ownr. 2. Full control over decision-makingBy registering as a sole proprietor, there’s no need for board or shareholder approvals. As the sole owner, you have complete control over the company’s business decisions. 3. Deduct business losses from personal incomeThe ability to claim business deductions for your company’s losses will help you, as the owner, remain in a lower personal income tax bracket. 4. Low startup costsRegistering your business as a sole proprietorship has the lowest associated costs. Register your business with Ownr for a one-time fee of only $89. Considerations and risks of a sole proprietorshipWhile sole proprietorships have many benefits, there are trade-offs to consider as well. Here are some of the cons of a sole proprietorship. 1. You’re fully liableIf your business incurs debt, you are personally responsible. It’s that simple. 2. Higher personal taxesIf your business becomes super profitable, you’ll personally pay higher taxes. While good profits is certainly a benefit, it’s important to know you may jump to a higher tax bracket as your business’s finances improve. 3. Raising money can be difficultSole proprietors can have more difficulty raising capital than incorporated businesses. Financial institutions and investors may require your business to be incorporated before they give you a loan or make an investment. Incorporation – benefits and considerationsIncorporation is the third most common type of business (after sole proprietorship and general partnership agreements) with many entrepreneurs starting out with sole proprietorships before incorporating. Here are the most common reasons why entrepreneurs make the leap from sole proprietorship to incorporation. What is an incorporation?An incorporation is a business structure in which the company operates as its own legal entity. Once you decide to incorporate your business, it’s no longer simply an extension of your work and income; it becomes its own distinct legal entity separate from the owners. Incorporation provides greater liability protection for you as a business owner than sole proprietorships or general partnerships. Before deciding to incorporate, you’ll also have to choose whether to do so under provincial law or federal law. Let’s look at some of the advantages and disadvantages of incorporating your business. Benefits of an incorporationThere are many advantages to registering your business as a corporation. 1. Limited liabilityThis means your exposure to any retribution as a business owner—should your business not do well and incur debts or losses—is limited. In most cases your personal assets cannot be seized for debts incurred by the business. Corporations are separate legal entities and owners are not personally responsible for the business’s financial and legal liabilities. 2. Ability to transfer ownershipOnce incorporated, owners have the ability to transfer ownership should they decide to sell the business.
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