Posts Tagged ‘c-corp’

Income Tax Year – Calendar Year or Fiscal Year?

Tuesday, January 5th, 2010

When you start a business or form a corporation, partnership or limited liability company, your company will become subject to income tax. The income tax return that you will file is based on a tax year, usually 12 consecutive months, and it is commonly referred to as an annual accounting period. One can choose one of two kinds of tax years:

(i) Calendar year – 12 consecutive months beginning January 1 and ending December 31. A person must use a calendar tax year if no annual accounting period has been established, no books and records are kept, or if IRS provision require the use of a calendar year.

(ii) Fiscal year – 12 consecutive months ending on the last day of any month except December. If you are allowed to adopt a fiscal year, you must maintain your books and records and report your income and expenses using the same tax year.

You adopt a tax year by filing your first income tax return using that tax year. If you file your first tax return using the calendar tax year, and later wish to change to a fiscal year accounting period, you must seek IRS approval for the change on IRS Form 1128.

And Now, A Word From One Of Our Clients:

Friday, December 18th, 2009

Having been in corporate law practice for many years, in mega-, mid-sized- and boutique law firms, I’ve used nearly every corporate service provider in the industry. Now, virtually all of my and my colleagues’ business goes to Vcorp. We are sold on Vcorp’s cost-sensitive, comprehensive package of services and commitment to excellence in customer service. I’ve personally used Vcorp for business formations, changes to business structure, retrieval of certificates of good standing, and 501(c)(3) tax-exempt filings, lien searches, registered agent service, and LLC publishing services (which Vcorp offers at *extremely* competitive prices) in numerous states, an have always been delighted with the results. In-house general counsel, outside counsel, bankers and other professionals who require quality service with a collegial attitude at a competitive cost are missing out if not using Vcorp.

- Thaddeus Wojcik
Senior Counsel, Roberts Ritholz Levy Sanders Chidekel & Fields LLP

Here at Vcorp Services, our top priority is satisfaction on all fronts- low costs for the fastest turnarounds with the best of customer service. We know that business is not just about closing deals but about building a relationship that clients can rely on for the long run. We thank Mr. Wojick for his professional patronage and his wonderful words in support of our services.

Federal Employer Identification Number (FEIN).

Wednesday, December 16th, 2009

Federal Employer Identification Number (FEIN) is also known as Federal Tax Identification Number. This 9 digit code is used by businesses in order to classify and identify them as a tax payer, for banking services and other official and legal purposes. Businesses with no employees and sole proprietorships may use the Social Security number for tax reporting. But companies with employees must have FEIN or Federal Employer Identification Number. The FEIN will be required in order to open bank and credit accounts, hire employees or set up benefit plans.

If one person owns multiple businesses, each business would be required to have its own FEIN. The FEIN is unique to a business just like Social Security number is unique to an individual.

One can apply for a Federal Identification Number online (preferred method), or on Form SS-4 by phone, fax, or mail. The principal officer, general partner, grantor, owner, trustor etc. must have a valid Taxpayer Identification Number (Social Security Number, Employer Identification Number, or Individual Taxpayer Identification Number) in order to use the online application.

Obtaining the FEIN is one of several essential steps one needs to take when establishing a new entity for business. Vcorp Services, LLC will obtain the FEIN on behalf of a client’s company.

In instances where Vcorp Services handles the formation submission, please note the following:

(i) If the client provide information regarding social security number (for owner who is a natural person) or FEIN (for owner who is a corporation or limited liability company), Vcorp will provide the service free of charge.

(ii) If social security number of FEIN is not available, Vcorp will charge $45.00 for the service.

In instances where Vcorp Services does not handle the formation submission, please note the following:

(i) If the client provide information regarding social security number (for owner who is a natural person) or FEIN (for owner who is a corporation or limited liability company), Vcorp will charge $45.00.

(ii) If social security number of FEIN is not available, Vcorp will charge $90.00 for the service.

Immediately upon ordering the FEIN, Vcorp Services will send to the client an email confirming that the order for FEIN has been submitted. Vcorp Services will send a second email to the client as soon as the FEIN information becomes available.

Disclaimer: This post does not constitute legal advice

Limited Liability Partnerships

Monday, December 14th, 2009

The Limited Liability Partnership (LLP) is essentially a general partnership in form, with one important difference. Unlike a general partnership, in which individual partners are liable for the partnership’s debts and obligations, an LLP provides each of its individual partners protection against personal liability for certain partnership liabilities.

Numerous states have enacted LLP Statutes, but the nature and extent of relief from personal liability and the types of business enterprises that can use the LLP form varies depending on the state of LLP formation. It is important to note that the state LLP statutes are not uniform and have important variations in, among other things, the types of business that may use LLPs, cash reserve or insurance requirements, the level of personal involvement that will cause a partner to bear personal liability for another person’s negligence, and registration renewal requirements and the effect of a failure to timely renew LLP status.

This form of organization is mostly of interest to partners in old-line professions such as law, medicine, and accounting, where partners are protected from being personally liable for the malpractice of other partners. Additionally, partners report their share of profit or loss on their personal tax returns.

Unlike a limited liability company or a professional limited liability company, owners (partners) remain personally liable for many types of obligations owed to business creditors, lenders, and landlords.

Disclaimer: This post does not constitute legal advice

Business Structures- What’s Right For You?

Friday, December 11th, 2009

When forming a new company, one should consider the advantages and disadvantages of each of the ownership structures. Selecting the right structure can help maximize the chances for success. The following questions should be considered in the decision making process:

• Does the entrepreneur want to protect personal assets?
• Will the business have employees?
• Does the business plan to raise capital by selling stock to investors?
• Will your business sell products or provide services?
• Will family members or friends help operate the business?
• Will the business have investors or partners?

Advantages of Sole Proprietorship

• Easy to start up and easy to discontinue
• Subject to fewer regulations relative to other types of businesses
• Owner has full autonomy with regard to business decisions
• Owner does not have to be concerned with double taxation

Disadvantage of Sole Proprietorship
• Will likely have a hard time raising capital
• The owner of the business has unlimited liability

Advantages of a Corporation

• May issue shares of stock to attract investors
• Corporate income splitting may help lower overall tax liability

Disadvantages of a Corporation
• Double taxation of corporate profits and shareholder dividends
• Must hold annual meetings and record minutes
• S Corporations have restrictions on number of owners

Advantages of an LLC

• Has no limit to the number of owners
• Owners can report profit and loss on their individual tax returns
• Not required to hold annual meetings or record minutes

Disadvantages of an LLC

• Cannot engage in corporate income splitting to lower tax liability
• Cannot issue stock

Disclaimer: This post does not constitute legal advice

Business Structures – Know the Options

Friday, December 11th, 2009

When considering starting a business, the business entrepreneur will need to decide whether to set up a separate entity for the business. Once the business entrepreneur has decided to set up a separate entity, he or she will need to figure out which type of entity makes the most sense. The most common forms of entities are: corporation, limited liability Company, and limited partnership. Each type varies in terms of its ease in creation and maintenance and the tax consequences to the owners.

Sole Proprietorship:
In a sole proprietorship, there is no legal distinction between the owner and the business. The business is owned and operated by a single person; the owner is entirely responsible for the business’s success or failure. He or she collects any profits, but if the venture loses money and the business cannot cover the loss, the owner is responsible for paying the bills; even if doing so depletes his or her personal assets. No formal filing to establish the entity is required.

Corporation:
The corporation has, until recently, been the most traditional form of business entity. A corporation is owned by one or more stockholders who are issued shares of stock in return for their investment. Although the stockholders may have a role in running the business, their role as stockholders is strictly economic. A stockholder of a corporation is not personally liable for the acts or obligations of the corporation. The corporation is managed by a Board of Directors, which is elected annually by the stockholders. The Board appoints the corporation’s officers, including a President, Treasurer and Secretary, who are responsible for the day-to-day business affairs of the corporation. A corporation is taxed as a separate entity, without regard to the tax status of the individual shareholders. A shareholder is subject to taxation on a dividend distribution, when the dividends are received. Corporations must comply with many formalities, including annual meetings of the stockholders, election of directors, keeping of minutes and a stock transfer ledger.

Limited Liability Company:
limited liability company (“LLC”) has become a popular alternative to the corporation. An LLC is an unincorporated business organization with at least one member. Members may be individuals, corporations, partnerships, or other LLCs. LLCs offer the limited liability of a corporation, but with fewer formalities or record keeping requirements. An LLC can consist of only one or multiple members. Members should enter into an “Operating Agreement” which sets forth the relative rights and obligations of the members regarding contributions, distributions, allocations of profits and management of the business. LLC is not taxed separately but rather passes through its income, deductions, credits, as well as other items, to its members.

Limited Partnership:
A limited partnership is a partnership that includes one or more general partners, who are responsible for the management of the business, and limited partners, who have an economic interest in the partnership, but take no part in the management of the business. Limited partnerships are most commonly used in real estate ventures (although, in recent years, LLC’s are becoming favored alternative entities). General partners are personally liable for the obligations of the partnership. Limited partners, like corporate shareholders, are not liable for partnership obligations beyond their financial contributions. Limited partners may not participate in the management of the partnership’s business.

Disclaimer: This post does not constitute legal advice

Vcorp Services iPhone App Launched

Monday, October 26th, 2009

Screen-shot-2009-10-26-at-11.16.32-AMVcorp Services is pleased to announce the launch of it’s Apple iPhone application. Available for download at the iTunes Store!

Entrepreneurs, Executives, General Counsel, Corporate Attorneys and Paralegals, Accounting and Tax Professionals are all excited about Vcorp Services new application for the iPhone. Now, the services you have come to depened on are available anytime and anywhere as long as you are connected to the 3G Network.

Need to incorporate? Need and LLC? Vcorp offers competitive prices and the fastest service on forming a new business in any of the 50 states.

How about business services? Vcorp provides the most convenient, easy-to-use- services to help you keep your company in good standing. Ensure full legal compliance, tax savings and maximum asset protection by taking advantage of Vcorp’s registered agent services, trademarks, tax-exempt 501c filings, publication services, and annual reports – in all 50 states.

This is the first application of its kind, and we are offering it FREE for the next 15 days! Head to the application store on your iPhone and search for Vcorp Services.

40% Of Senior Managers Question Credibility of Their Company’s Plans to Navigate Crisis

Tuesday, January 27th, 2009

A new survey has found that companies—whether financially weak or strong—are struggling to make the right moves in the current economic environment, with many wavering in their confidence of leadership’s ability to navigate the crisis.

According to the survey, 40% of senior managers doubt that their leadership has a credible plan to address the economic crisis, while an even greater number—46%—are not sure that their leadership could carry out the plan, credible or not. Additionally, one-third of all CEO and CXO-level respondents do not have confidence in the plans that they presumably wrote themselves. Further, a remarkably high number of hard-hit companies—65%—are not doing enough to ensure their own survival, such as accelerating efforts to dispose of assets or secure external funding. Among companies that state they are financially strong, one-quarter are not taking advantage of opportunities to improve their position in the crisis.

While more than half (54%) of the managers expect their companies to emerge from the crisis stronger, the survey finds their optimism doesn’t square with their balance sheets; there is a disconnect between many companies’ financial/competitive position and strategic response. “Companies have focused on the near term, some at the expense of the long-term opportunities. The strong need to go long. They need to create a view of new industry structure,” said Bill Jackson, Booz & Company Senior Partner. “Many strong and stable companies are playing things too short-term oriented for the moment. The really struggling and failing companies have reacted dramatically and some have already moved into bankruptcy.”

Valence Technology Prevails in Decision by European Patent Office to Revoke University of Texas Patent

Monday, January 12th, 2009

ddriving

Valence Technology prevailed in today’s decision by the Opposition Board of the European Patent Office (EPO) to revoke the European Patent granted to the University of Texas (UT) relating to lithium metal phosphates. The decision revoking the Goodenough et. al. UT European Patent eliminates any risk that UT could assert the European Patent against Valence’s proprietary lithium iron magnesium phosphate cathode material, which is a critical material for the next generation of electric vehicle batteries.

Valence had initiated opposition proceedings in the EPO on July 27, 2005, against the grant of the European Patent held by the University of Texas alleging that it lacked novelty. As a result of today’s decision, European Patent number 0904607, originally issued to UT, has been revoked by the EPO in its entirety. The decision to revoke the patent can be appealed by UT.

“Today’s decision by the European Patent Office was an important one for our company,” said Robert L. Kanode, president and CEO of Valence Technology, Inc. “By revoking the European Patent, the cloud of any possible patent infringement claim under the UT European Patent has been removed affirming Valence’s unrestricted right to market its unique, patented lithium phosphate powder batteries in Europe. The decision will allow us to more fully pursue European OEMs, who are the world leaders in electric vehicles. We have already established the proven performance and supply capability for our innovative battery solutions, and now our unrestricted right to market our proprietary lithium phosphate based energy storage solutions in Europe has been confirmed.”

CIOs Find that Tough Financial Times Call for Better Visibility into IT Costs

Friday, January 9th, 2009

it-costs

With the economy in a slump, many companies are asking the question “how can I best make use of every technology dollar I spend?”

Many of the world’s top enterprises are taking steps to answer this question by implementing a Technology Financial Management (TFM) solution from ComSci. The ComSci IT Cost Transparency and Chargeback solution enables enterprises to gain more visibility into the costs of IT products and services, optimize IT investments and better align IT with the overall strategy of the business. By utilizing ComSci’s intuitive, interactive web-based reporting and analytics engine, these firms provide business users with the details of their individual usage, so enterprise customers everywhere can minimize IT costs and maximize IT business value.

In general, companies that implement a cost transparency and chargeback process can save 3% to 5% of their total IT Budget. ComSci’s solution provides detailed consumption information and metrics to the business users in order to obtain these savings. The business users, now aware of the costs of their consumption of IT services, are able to make better decisions about IT priorities and this enables them to eliminate services that are not adding value to the business.

“To many CIOs, the demand for IT resources appears infinite,” Craig Symons of Forrester wrote in his June 2006 report, How IT Must Shape and Manage Demand. “No matter what the business cycle, competitive environment, or internal conditions may be, IT resources are needed to grow or enable new businesses, improve margins, or reduce fixed and variable costs…. Without an effective mechanism to shape or control this demand, IT will almost always be faced with more demand than resources, forcing difficult decisions about resource allocation and leaving the perception that IT is a bottleneck to getting things done.”