Georgia Subchapter S Incorporations: Disadvantages

February 15, 2009 by  
Filed under Subchapter S Incorporation

While there are many advantages to electing Subchapter S status for your new Georgia business, there also some disadvantages that are worth noting. Please have a look at both the advantages and these disadvantages before deciding whether a Sub S incorporation election is the right path for your business.

Drawbacks / Disadvantages of Electing Subchapter S Status for your Georgia Business:

  • Only one class of stock outstanding
  • Process of incorporation requires more time and money than other forms of organization
  • S-Corporations are monitored by federal, state and some local agencies, and as a result may have more paperwork to comply with regulations.
  • Inflexibility of operations
  • Slow to react. Executive decisions need agreement by all shareholders. Disagreeing on issues can produce slow processing times to get over humps.
  • Only a portion of health insurance is deductible, versus c-corp where one can deduct 100% (subject to change).
  • Shareholders and employees must declare health insurance and
    other employee benefits as taxable income if they own more than a 2% share of stock in the Subchapter S corporation.

Anyway you look at it, incorporating has a number of substantial benefits for your Georgia business. Incorporate this year and enjoy the same benefits thousands of others are enjoying right now.

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Georgia Subchapter S: Advantages

February 15, 2009 by  
Filed under Subchapter S Incorporation

There are numerous advantages you’ll enjoy as the owner of a Georgia subchapter S corporation.

Premier Advantages of Electing Subchapter S Corporation Status with the IRS:
  • Your Subchapter S corporation is a legal entity separate from the individuals owning the corporation.
  • Fractional shares of ownership are easily accounted for and accomodated during the initial stock offering.
  • The corporations ability to transact business is not affected by changes in ownership due to the ease of purchase, sale, and giving (gifting) stock.
  • Limited personal liability in the case of legal action against the corporation.
  • Continuity – the corporation exists until dissolved regardless of the death of one or more of the stockholders.
  • Continuity of management
  • Interests in the company are easily transferable.
  • It’s possible to separate the ownership and the management of the Subchapter S corporation
  • A reduced risk of unrecognized equity liquidations because the corporations finances and records must be maintained separately from the individuals running and owning the corporation.
  • Losses (net) incurred by the corporation are deductible by shareholders at the individual tax level.
  • Stockholders annual meetings along with legal counsel can improve the communication of the corporate members and provide better direction for management.
  • Access to much needed credit and resources may be improved, depending on the corporations stellar business record.
  • Earnings on “return on investment” like interest, rental payments and other earnings are not subject to self-employment taxes as long as stockholder employees receive an adequate compensation for work performed

Subchapter S election is a popular form of election among new business owners in Georgia and nationwide. Just forming a corporate entity (incorporating your business) in itself gives you a number of benefits tax-wise that you wouldn’t enjoy otherwise.

Starting a business in Georgia is a smart idea.

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Call Toll Free: 888-905-7380
Email: Flincorporation@gmail.com
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