The Benefits of Business Incorporation | BizFilings (2024)

Whether you’re just considering a new business idea or already act as a sole proprietorship or general partnership, you may wonder if incorporating your businessis right for you. Discover why the benefits of incorporation can outweigh any downsides.

What does it mean to incorporate your business?

When you incorporate your business, you are forming a legal entity that exists independently of its owner(s), also known as shareholders.

An incorporated company, individual, or organization can engage in business, enter contracts, own property, and more. But incorporating your business also brings with it legal obligations such as tax filings and annual reports.

To incorporate your business, you must file “articles of incorporation” with a state agency. These articles or formation documents include information about your business purpose, location, and shares and stock issued (if any).

What are the advantages of forming a corporation?

There are many advantages to incorporating to both the business and the owners. Forming a corporation allows you to:

  • Secure your assets. One of the main advantages* that corporations have is that the owners enjoy limited liability protection and are typically not personally responsible for business debts. This means that creditors can’t pursue your home or car to pay business debts.

    *LLCs also provide limited liability protection; sole proprietorshipsand partnershipsdo not provide any liability protection.

  • Gain tax breaks. Another benefit to incorporation is that corporations often gain tax advantages and can write off items such as health insurance premiums, savings on self-employment taxes, and life insurance. If the corporate tax rate is lower than the personal rate and/or your corporation does not distribute income to shareholders, you may also realize additional tax savings.
  • Grow your corporation for now — and the future. Incorporating bolsters credibility and may help you reach potential new customers and partners. And while you can’t live forever — your corporation can. Even if an owner dies or sells interest, the corporation still exists.
  • Easy transfer and faster funds. Corporation ownership can be easily transferable (with some restrictions on S corporations). Capital can be raised more easily through the sale of stock. Another incorporation advantage is that many banks prefer handling loans with incorporated borrowers.
  • Ready for retirement. Retirement funds and qualified plans, like a 401(k), can be easier to establish.
  • Gain anonymity. If you don’t want your involvement with a small business to be public knowledge, your best choice may be to incorporate.

What are the disadvantages of incorporating your business?

Corporations do have some potential disadvantages, including:

  • Double taxation. When corporate profits are distributed as dividends, C corporations are subject to double taxation. Corporations are liable for reporting and taxing business profits first. Any remaining profits distributed to shareholders in the form of dividends must be reported as personal income by shareholders and taxed accordingly. The IRS allows companies to elect S corporation tax status to avoid this disadvantage.
  • Ongoing fees. You must file articles of incorporation with the state which comes with varying fees depending on the state. Many states impose ongoing fees — which are steeper for a corporation than for a sole proprietorship or general partnership.
  • More record keeping. Corporations must follow initial and annual record-keeping requirements—which sole proprietorships, general partnerships and limited liability companies (LLCs) avoid.

Choosing a business structure

Your choice of business structure can impact everything from daily operations to taxes and risk exposure of your personal assets.

Once you’ve chosen a structure, you must also address unique formation, management, and compliance requirements to be met.

It’s a good idea to consult with a professional, such as a small business counselor, tax advisor, attorney, and accountant. You can also use this BizFilings Incorporation Wizard Toolto see which business type is right for you.

For more information, read: Comparing company types: Understanding C Corp, S Corp, LLC and DBA business structures.

Kickstart your new business in minutes

Find out what business type is right for you and explore fast, easy, and affordable incorporation options. Get started with BizFilings.

Related articles

The Benefits of Business Incorporation | BizFilings (2024)

FAQs

The Benefits of Business Incorporation | BizFilings? ›

There are many benefits of incorporating your business and the most important ones include asset protection through limited liability, corporate identity creation, perpetual life of the company, transferability of ownership, an ability to build credit and raise capital, flexibility with the number of business owners, ...

What is a benefit of incorporating a business? ›

There are many benefits of incorporating your business and the most important ones include asset protection through limited liability, corporate identity creation, perpetual life of the company, transferability of ownership, an ability to build credit and raise capital, flexibility with the number of business owners, ...

What are the advantages of incorporation? ›

Forming a corporation allows you to: Secure your assets. One of the main advantages* that corporations have is that the owners enjoy limited liability protection and are typically not personally responsible for business debts. This means that creditors can't pursue your home or car to pay business debts.

What is incorporation and why is it important? ›

Incorporation is the legal process used to form a corporate entity or company. A corporation is the resulting legal entity that separates the firm's assets and income from its owners and investors.

What is the advantage and disadvantage of incorporating? ›

So, while incorporation offers limited liability, access to capital, and tax advantages, it also comes with drawbacks such as increased costs and complexity, double taxation, and limited control. By weighing the advantages and disadvantages of incorporation, you can decide on the best structure for your business.

Is it better to incorporate or LLC? ›

If all the owners want to participate in running the business, LLC beats Inc. But if the members want to be passive investors and have the business run by managers with more expertise than they have, and want the extra protections provided by the corporation statutes, then Inc.

What are 4 disadvantages of incorporating? ›

There are many disadvantages of Incorporation which business owners should know: Formalities and Expenses, Corporate Disclosure, Separation of control from ownership, Greater Social, Responsibility, Greater Tax Burden in Certain Cases, Detailed Winding Up Procedure. Let us discuss them in detail.

What are the two main disadvantages of incorporating? ›

Disadvantages 1. A corporation is expensive to set up, usually between $500 and $2,500. 2. Corporate income is heavily taxed because it is subject to double taxation on its earnings.

What makes a business incorporated? ›

What does it mean to incorporate? Incorporating a business means turning your sole proprietorship or general partnership into a company formally recognized by your state of incorporation. When a company incorporates, it becomes its own legal business structure set apart from the individuals who founded the business.

What is an example of incorporation? ›

The company Apple, for example, was incorporated under the full name Apple Inc, while Microsoft is formally incorporated as Microsoft Corporation.

Does being incorporated protect you? ›

Incorporating protects you from customer claims. Incorporating usually limits claims from the sale of goods or services to the corporation. Product liability claims, negligence, breach of warranty and employee's malpractice lawsuits that often bring huge jury awards are thus confined to the corporation.

What are 3 disadvantages of a corporation? ›

Here are some disadvantages to forming your business as a corporation:
  • A corporation is a distinct legal entity. The business is governed by a board of directors. ...
  • Double-taxation. Corporations pay taxes on profits distributed to shareholders. ...
  • More complicated to form. ...
  • More requirements. ...
  • Higher costs.

What does a person who wishes to incorporate a business need to do? ›

You create a corporation, which is done by filing a document generally called Articles of Incorporation (sometimes called a Certificate of Incorporation) in the appropriate state. Then, in order to be taxed as an S corporation you must file Form 2553 with the IRS to elect S corporation status.

Does incorporating reduce taxes? ›

Incorporating as a C corporation allows a company to carry losses forward, enabling it to lower the taxes for each year over which the losses are spread.

When should you incorporate a startup? ›

1. When to incorporate a startup. Founders need to incorporate as soon as possible to protect against personal liability. When your business is a corporation, it assumes this risk so your personal finances will not, in most cases, be affected by third party claims.

What are two reasons why a person would want to form a corporation? ›

There are several advantages to becoming a corporation, including limited personal liability, easy transfer of ownership, business continuity, better access to capital, and (depending on the corporation structure) occasional tax benefits.

What are 4 advantages of incorporating quizlet? ›

Advantages of incorporating a business include: Limited liability, ability to raise more money for investment, size, perpetual life, ease of ownership change, ease of attracting talented employees, separation of ownership from management.

What does it mean to incorporate a business? ›

Incorporating a business means turning your sole proprietorship or general partnership into a company formally recognized by your state of incorporation. When a company incorporates, it becomes its own legal business structure set apart from the individuals who founded the business.

Is it a good idea to incorporate? ›

Incorporation can often save the business owner from personal financial ruin. However, it is important to note there are circ*mstances where directors of incorporated businesses can remain personally liable for the debts of the business. The most common of these are: Unpaid employee wages and vacation pay.

Top Articles
Latest Posts
Article information

Author: Rueben Jacobs

Last Updated:

Views: 6389

Rating: 4.7 / 5 (77 voted)

Reviews: 92% of readers found this page helpful

Author information

Name: Rueben Jacobs

Birthday: 1999-03-14

Address: 951 Caterina Walk, Schambergerside, CA 67667-0896

Phone: +6881806848632

Job: Internal Education Planner

Hobby: Candle making, Cabaret, Poi, Gambling, Rock climbing, Wood carving, Computer programming

Introduction: My name is Rueben Jacobs, I am a cooperative, beautiful, kind, comfortable, glamorous, open, magnificent person who loves writing and wants to share my knowledge and understanding with you.