How do I go about forming a personal corporation?
This year I am getting taxed, I feel, too much because of what I earned trading. I would like to pursue making a personal corporation (not sure what kind yet) so that I can do my trading though it and save on taxes by making my earning as ordinary income. How can I start one and what are some good references to get me started?
Best Answer
dhouse answered one year ago …
What you want is a class C corporation, just like the big boys. It creates a completely separate, persistent (unlike the LLC) "legal entity" that all corporations and governments understand. Get on the web, go to one of the Nevada incorporation assistance sites, pay $500 or so, get a local "agent" (that's the official term), get a local bank account and credit card (the agent co. does that for you), and begin doing business as "yourco, inc."
You will be the only officer in this corporation -- that's allowed in Nevada -- and not have to have anyone else interfering in your business. You will also be an employee of your corporation -- gotta have at least one. But you can split the earnings between you and the corporation in a manner that leaves money in the corporation's bank account across each year's boundary. Sub S forces you to take all that income and pay taxes every year, as do sole proprietorships and partnership -- don't do any of those. An LLC is a time-limited structure that doesn't have any material benefits unless your a "professional group", so you can pass on it.
Let's say you put (convey) $100K into your corp's investment fund, do well, make $25K at the end of the year. Your corp pays 15% tax on that number -- unless, of course you have legitimate business expenses that reduce your overall net-net profit, like spa days for your wife, a research trip to New York for christmas shopping, a bank visit to the Grand Caymans... in which case a startup corp has 5 years to actually generate a sufficient profit to avoid IRS scrutiny. As you know, many businesses just don't make it: if you wind up paying 15% on, say, $9K of total corp income and let your investment fund accounts ride (which you can only do in a class C corp), you pay $1350 for the privilege of making good bucks, taking research trips, buying new PC and communications equipment for your "office", etc.
Don't ask a CPA or a lawyer: the former are unable to realize that things have changed in the past 25 years and have no clue, the latter only want your money.
Answers
MajorPayne answered one year ago …
Hey Seth,
Definitely start by checking this article out (found it on another answer about incorporating):
http://taxes.about.com/od/taxplanning/a/incorporating.htm
The thing to remember is that even when you incorporate, the corporation will still need to pay taxes. Now, you can pay yourself out of the corporation, but then you'll just be taxed twice (the business and then your personal taxes). That is unless you structure it as a Subchapter S coroporation, but then you're just back in the same position you're in now. There's no avoiding paying the tax man :)
Maybe some more experienced traders know ways to mitigate the taxes, but that's beyond me.
mgspony answered one year ago …
The easiest way to find out about incorporating is to go to your state government website, you should find every thing you need by searching incorporating. I set up an LLC a couple of years ago, just by using the Missouri website, it was easy. Gay
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