Accounting News and Notes

Duluth CPA on Incorporating Your New Georgia Business

Now that you  have started a new business and now need tax advice to take your business to the next level and to ensure that you set up as the correct/best legal entity type for your new Georgia business. Choosing to incorporate your business as a corporation will do much to protect your personal assets from legal liability issues while potentially shrinking your overall year-end tax obligation while also providing benefits for yourself, as well as your employees. We are here to serve you as you make this important decision. Over the decades we have helped thousands pursue the dream of owning their own business and helping them understand and utilize the entity choice that is best-suited for their business.

Accordingly, Incorporating in Georgia requires that you file for the company Articles of Incorporation with the Georgia Secretary of State’s Office. Corporations should also be sure to prepare a legal posting/announcement for the legally authorized newspaper in the county’s paper, establishing bylaws, election a Board of Directors, Officers and the issuance of stock.

Though there is never  a good substitute for a good attorney to help you address legal issues, we look to help business owners with many of the varied nuances of the incorporation process to ensure that your new business is duly incorporated and following applicable state law to stay in compliance. The below is a sample letter that might be sent to work with your attorney to address and correct open issues. As always you will want to be reminded to have a valid business license, pay to the Secretary of State your firms annual registration fee, and to have your Annual Board of Directors, Officers and Shareholders Minutes meeting. If you opt to become an S Election you will file IRS Tax Form 1120S when filing your company’s corporate income tax return.

In critiquing the paperwork for your incorporation that you forwarded: 

 I did not see the Required Notice/Legal Posting of Your New Business’s Incorporation, which is required when you incorporate to make a legal posting in the officially recognized newspaper in the county that your business was incorporated.

Stock was authorized as 5000  shares and it appears as if 5500 shares were issued. Please review/advise as you cannot issue more shares than authorized in the initial Incorporating Papers absent a stock split or change the existing authorized shares.

I would have marked S Election request to be in accordance with IRS Rev. Proc. to qualify for being filed more than 75 days after your incorporation date.  If you do not receive any acceptance by 10-25-10, let me know that I will re-file the election marking it accordingly, being sure to properly compete IRS Form 2553:  Election by a Small Business Corporation 

Please be sure to draw up a lease between the two companies to document the rental agreement between the two companies. I would suggest you consider a triple net lease. 

“Dare to Attempt Something so Great for the Kingdom of God, that it is Doomed to Failure Lest God be in it!”

John Dillard, CPA of His CPA, PC (A Duluth GA CPA firm) 1940 Woods River Lane, Duluth, GA 30097  Phone 770-814-9304   http://www.hiscpa.com/    http://www.john-dillard.com/ (All Rights Reserved) To retain John Dillard CPA (An Atlanta Christian Speaker/Author) for your business group or church congregation, you can contact him today at 770.814.9304. To discover John Dillard’s Published Books and their vision visit  http://www.john-dillard.com/

Serving Atlanta, Duluth, Gwinnett, Barrow, Bartow, Carroll, Cherokee, Clayton, Coweta,  Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, Pickens, Rockdale, Walton, Barrow, Bartow, Carroll, Henry, Newton, Bartow, Walton, Rockdale, Barrow, Spalding, Coweta, Dawson, Douglas, Fayette, Newton, Paulding, Spalding, Walton, Henry, Paulding, Douglas, Coweta, Canton, Covington, Douglasville, Druid Hills, East Point, Forest Park, Griffin, Lithonia, Mableton, McDonough, Milton, Mountain Park, Newnan, Powder Springs, Stockbridge, Union City, Villa Rica, Winder, Woodstock,  Smyrna, Sandy Springs, Marietta, East Point, Gainesville, Snellville, Buckhead, Buford, Peachtree City, Dunwoody, Kennesaw, Decatur, Conyers, Stone Mountain, North Fulton County, DeKalb County, Hall County, Clayton County, Cobb County, Forsyth County, Hart County, Jefferson County, Duluth, Atlanta, Alpharetta, Johns Creek, Lawrenceville, Milton, Norcross, Snellville, Roswell, Buford, Cumming, Grayson, Lake Hartwell, Suwanee, Sugar Hill, Loganville, Lilburn, Dunwoody, Gainesville, Decatur, Atlanta GA, Gwinnett County, North Fulton County, Cherokee County, DeKalb County, Hall County, Clayton County, Cobb County, Forsyth County, Hart County, Jefferson County, Duluth, Atlanta, Alpharetta, Johns Creek, Lawrenceville, Marietta, Milton, Norcross, Snellville, Roswell, Buford, Smyrna, Marietta, Cumming, Grayson, Hartwell, Suwanee, Sugar Hill, Loganville, Lilburn, East Point, Gainesville, Snellville, Buckhead, Buford, Peachtree City, Dunwoody, Kennesaw, Decatur, Conyers, Stone Mountain, Decatur. Sandy Springs, Peachtree City, Douglasville, Newnan, Griffin, Woodstock, Carrollton, Forest Park, Canton, College Park, Cartersville, McDonough, Riverdale, Fayetteville, Covington, Stockbridge, Conyers, Clarkston, Barrow, Bartow, Butts, Carroll, Cherokee, Clayton, Coweta, Dawson, and Douglas.

Should a Residential Real Estate Agent/Computer Programmer/Independent Sales Rep be an S Corporation For Tax Purposes? 

Making the Incorporation Process Simple

If you are a Residential Real Estate Agent, Computer Programmer, or an Independent Sales Representative and have not yet incorporated, NOW is the best time to do so. These are just a few of the many business types who should look to or consider being an S Corporation if they qualify. Working with a CPA who is well versed in such matters will do much to limit your overall tax bill and to limit your financial exposure for many years to come. Selecting the entity that is not the best fit for you, can do much to unduly limit your business financial success and ease of operations. Please be advised that there is a move afoot in Congress to address and change tax law in this area. However, even if such a law is passed limiting the advantage of being an S Corporation it will continue to be a prudent choice for business owners. 

Though there are no perfect entity selections, choosing the one that is best for you will do much to assist you in your efforts for business excellence. There are three primary reasons that we see as the most widely recognized incentives to set up your business as a legally recognized entity.

Business Legitimacy: When you incorporate your business it tells the business and social community in which you thrive that you are serious about your operations and that you have taken initial requisite steps to get your business started. All of us want to know that the products and services we buy from others will be supported, so it is with those who buy from us. Frequently governmental agencies/cities/municipalities will not even buy or lend to those who are not incorporated and an informed consumer is always looking esoterically for indicators showing a seller’s commitment to their product/services.

Personal Liability Protection: The U.S. has become a litigious society full of people who are looking to make a fast dollar and there are those about who are quick to find any get rich method they can find.  Nowhere has this become more prevalent than in our court system, which was originally intended and set up to right a wrong. Our courts are full of frivolous cases where greed rather than fairness are the watchword. There is no such thing as perfect protection you can help limit your exposure by acting in good faith, using good judgment and wise discernment, and incorporating to help limit your personal assets from being exposed to corporate liability.

Tax Savings: S Corporations are well suited for business owners such as a Residential Real Estate Agent, Computer Programmer, or an Independent Sales Representative where, after a reasonable salary is paid to all of the active owners, shareholder distributions are legally devoid of FICA/Medicaid taxes. To be an S Corporation you have to meet all four of the below qualifying criteria:

• Have a December 31st year-end.
• Have less than 100 shareholders.
• Shareholders have to be U.S. citizens or resident aliens.
• Only one class of stock.

Although most states recognize and reflect the same tax treatment for S Corporations as the IRS and charge a relatively insignificant net worth tax such as Georgia, there are many states which charge a franchise tax as well.

Incorporating is the most important tax decision you will ever reach in your business and making it along with a trusted adviser is your best choice. We have helped guide hundreds in this endeavor over the years and are ready to help you.

John Dillard, CPA of His CPA, PC (An Atlanta Christian CPA firm) 1940 Woods River Lane, Duluth, GA 30097  Phone 770-814-9304   http://www.hiscpa.com/    http://www.john-dillard.com/ To retain John Dillard CPA (An Atlanta Christian Speaker/Author) for your business group or church congregation, you can contact him today at 770.814.9304. “Dare to Attempt Something so Great for the Kingdom of God, that it is Doomed to Failure Lest God be in it!”

We advise clients on: IRS representation, Offer in Compromise, Tax Problems, Incorporation in Georgia, Corporate and Personal Income Tax Returns, Part-time CFO, Virtual Controller, Business Planning, Offer in Compromise, Back Taxes, Business Acquisitions/Sales, Forensic Accounting, Business Valuations and Bookkeeping.

Serving Atlanta, Duluth, Gwinnett, Barrow, Bartow, Carroll, Cherokee, Clayton, Coweta,  Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, Pickens, Rockdale, Walton, Barrow, Bartow, Carroll, Henry, Newton, Bartow, Walton, Rockdale, Barrow, Spalding, Coweta, Dawson, Douglas, Fayette, Newton, Paulding, Spalding, Walton, Henry, Paulding, Douglas, Coweta, Canton, Covington, Douglasville, Druid Hills, East Point, Forest Park, Griffin, Lithonia, Mableton, McDonough, Milton, Mountain Park, Newnan, Powder Springs, Stockbridge, Union City, Villa Rica, Winder, Woodstock,  Smyrna, Sandy Springs, Marietta, East Point, Gainesville, Snellville, Buckhead, Buford, Peachtree City, Dunwoody, Kennesaw, Decatur, Conyers, Stone Mountain, North Fulton County, DeKalb County, Hall County, Clayton County, Cobb County, Forsyth County, Hart County, Jefferson County, Duluth, Atlanta, Alpharetta, Johns Creek, Lawrenceville, Milton, Norcross, Snellville, Roswell, Buford, Cumming, Grayson, Lake Hartwell, Suwanee, Sugar Hill, Loganville, Lilburn, Dunwoody, Gainesville, Decatur, Atlanta GA, Gwinnett County, North Fulton County, Cherokee County, DeKalb County, Hall County, Clayton County, Cobb County, Forsyth County, Hart County, Jefferson County, Duluth, Atlanta, Alpharetta, Johns Creek, Lawrenceville, Marietta, Milton, Norcross, Snellville, Roswell, Buford, Smyrna, Marietta, Cumming, Grayson, Hartwell, Suwanee, Sugar Hill, Loganville, Lilburn, East Point, Gainesville, Snellville, Buckhead, Buford, Peachtree City, Dunwoody, Kennesaw, Decatur, Conyers, Stone Mountain, Decatur. Sandy Springs, Peachtree City, Douglasville, Newnan, Griffin, Woodstock, Carrollton, Forest Park, Canton, College Park, Cartersville, McDonough, Riverdale, Fayetteville, Covington, Stockbridge, Conyers, Clarkston, Barrow, Bartow, Butts, Carroll, Cherokee, Clayton, Coweta, Dawson, and Douglas.

Present Tax Law Surrounding S Corporations 

Taxation of an S Corporation 

When a business is an S Corporation all active employee/owners are required to take a fair and reasonable salary. The best test of a reasonable salary is what an owner would have to pay someone else to perform their position and it is a function of their position, responsibilities, and the business’s profit. At present I do not believe your return would pass any type of review and that if you do not go back and declare a salary on your 2009 earnings that you should expect an audit. I would suggest that you ASAP: 

-For 2010 add all active employee owners so that they are receiving a regular paycheck that is reasonable given position and profit.

-That you show a reasonable salary for 2009 while reflecting on the your internal books the payment as a fourth quarter payroll, which will require amending the IRS and State Payroll reports filed and the W-2’s/W-3. If you decide not to do this I believe you should expect and audit. 

Tax law does not allow S Corporation owners to deduct the medical insurance premiums paid on their behalf, unless they receive a salary at least equal to the amount of premiums paid.  Please be advised that there is a move afoot in Congress to address and change tax law in this area. However, even if such a law is passed limiting the advantage of being an S Corporation it will continue to be a prudent choice for business owners.

Health Insurance Issues 

One of the most maligned and misunderstood sections of tax law centers around proper classification of a worker as an employee or an independent contractor. The fact that you choose to pay someone as an independent contractor, when you treat them as an employee, will not preclude you from payroll tax or general liability issues. A careful review of the tax law, established guidelines, as well as a fair and just review of your own facts and circumstances will more aptly enable you to follow the rules to the letter of the law and also its spirit. Independent contractors if they are paid over a prescribed limit are required to receive a Form 1099 from their client which details the independent contractor’s business name, identifying number, address, and amount earned. This form serves, like a W-2 for employees, to notify the IRS of monies earned and taxable. A payroll service will be your most efficient and prudent resource to handle all of your employee’s W-2 filings and payments and Form 1099 issues. As independent contractors are separate and distinct from the firm, it is widely recommended that you do not cover them under your company’s medical insurance plan.

John Dillard, CPA of His CPA, PC (An Atlanta Christian CPA firm) 1940 Woods River Lane, Duluth, GA 30097  Phone 770-814-9304   http://www.hiscpa.com/    http://www.john-dillard.com/ To retain John Dillard CPA (An Atlanta Christian Speaker/Author) for your business group or church congregation, you can contact him today at 770.814.9304. “Dare to Attempt Something so Great for the Kingdom of God, that it is Doomed to Failure Lest God be in it!”

We advise clients on: IRS representation, Offer in Compromise, Tax Problems, Incorporation in Georgia, Corporate and Personal Income Tax Returns, Part-time CFO, Virtual Controller, Business Planning, Offer in Compromise, Back Taxes, Business Acquisitions/Sales, Forensic Accounting, Business Valuations and Bookkeeping.

Serving Atlanta, Duluth, Gwinnett, Barrow, Bartow, Carroll, Cherokee, Clayton, Coweta,  Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, Pickens, Rockdale, Walton, Barrow, Bartow, Carroll, Henry, Newton, Bartow, Walton, Rockdale, Barrow, Spalding, Coweta, Dawson, Douglas, Fayette, Newton, Paulding, Spalding, Walton, Henry, Paulding, Douglas, Coweta, Canton, Covington, Douglasville, Druid Hills, East Point, Forest Park, Griffin, Lithonia, Mableton, McDonough, Milton, Mountain Park, Newnan, Powder Springs, Stockbridge, Union City, Villa Rica, Winder, Woodstock,  Smyrna, Sandy Springs, Marietta, East Point, Gainesville, Snellville, Buckhead, Buford, Peachtree City, Dunwoody, Kennesaw, Decatur, Conyers, Stone Mountain, North Fulton County, DeKalb County, Hall County, Clayton County, Cobb County, Forsyth County, Hart County, Jefferson County, Duluth, Atlanta, Alpharetta, Johns Creek, Lawrenceville, Milton, Norcross, Snellville, Roswell, Buford, Cumming, Grayson, Lake Hartwell, Suwanee, Sugar Hill, Loganville, Lilburn, Dunwoody, Gainesville, Decatur, Atlanta GA, Gwinnett County, North Fulton County, Cherokee County, DeKalb County, Hall County, Clayton County, Cobb County, Forsyth County, Hart County, Jefferson County, Duluth, Atlanta, Alpharetta, Johns Creek, Lawrenceville, Marietta, Milton, Norcross, Snellville, Roswell, Buford, Smyrna, Marietta, Cumming, Grayson, Hartwell, Suwanee, Sugar Hill, Loganville, Lilburn, East Point, Gainesville, Snellville, Buckhead, Buford, Peachtree City, Dunwoody, Kennesaw, Decatur, Conyers, Stone Mountain, Decatur. Sandy Springs, Peachtree City, Douglasville, Newnan, Griffin, Woodstock, Carrollton, Forest Park, Canton, College Park, Cartersville, McDonough, Riverdale, Fayetteville, Covington, Stockbridge, Conyers, Clarkston, Barrow, Bartow, Butts, Carroll, Cherokee, Clayton, Coweta, Dawson, and Douglas.

Incorporating Your New Georgia Business 

Incorporating 101: Ensure the Incorporation Process Works for You

Incorporating in Georgia
Starting your business off with the best tax elections for your business are amongst the most important business decisions you will ever reach. Discover how you can best set yourself up for business success as you consider this critical part of your business start-up. See http://www.hiscpa.com/incorporating-articles.html

Nevada and Delaware Incorporation
The incorporation of your business may cost you thousands in unnecessary registration and filing fees. Discover the ins and outs of this important decision and how to avoid unnecessary pitfalls and headaches. Visit http://www.hiscpa.com/incorporating-nv.html 

Determining Where to Incorporate
The decision of where to incorporate your business is a critical component of getting your business started. Learn what you need to know to make a well-informed decision. Visit http://www.hiscpa.com/incorporating.html

John Dillard, CPA of His CPA, PC (An Atlanta Christian CPA firm) 1940 Woods River Lane, Duluth, GA 30097  Phone 770-814-9304   http://www.hiscpa.com/    http://www.john-dillard.com/ To retain John Dillard CPA (An Atlanta Christian Speaker/Author) for your business group or church congregation, you can contact him today at 770.814.9304. “Dare to Attempt Something so Great for the Kingdom of God, that it is Doomed to Failure Lest God be in it!”

We advise clients on: IRS representation, Offer in Compromise, Tax Problems, Incorporation in Georgia, Corporate and Personal Income Tax Returns, Part-time CFO, Virtual Controller, Business Planning, Offer in Compromise, Back Taxes, Business Acquisitions/Sales, Forensic Accounting, Business Valuations and Bookkeeping.

Serving Atlanta, Duluth, Gwinnett, Barrow, Bartow, Carroll, Cherokee, Clayton, Coweta,  Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, Pickens, Rockdale, Walton, Barrow, Bartow, Carroll, Henry, Newton, Bartow, Walton, Rockdale, Barrow, Spalding, Coweta, Dawson, Douglas, Fayette, Newton, Paulding, Spalding, Walton, Henry, Paulding, Douglas, Coweta, Canton, Covington, Douglasville, Druid Hills, East Point, Forest Park, Griffin, Lithonia, Mableton, McDonough, Milton, Mountain Park, Newnan, Powder Springs, Stockbridge, Union City, Villa Rica, Winder, Woodstock,  Smyrna, Sandy Springs, Marietta, East Point, Gainesville, Snellville, Buckhead, Buford, Peachtree City, Dunwoody, Kennesaw, Decatur, Conyers, Stone Mountain, North Fulton County, DeKalb County, Hall County, Clayton County, Cobb County, Forsyth County, Hart County, Jefferson County, Duluth, Atlanta, Alpharetta, Johns Creek, Lawrenceville, Milton, Norcross, Snellville, Roswell, Buford, Cumming, Grayson, Lake Hartwell, Suwanee, Sugar Hill, Loganville, Lilburn, Dunwoody, Gainesville, Decatur, Atlanta GA, Gwinnett County, North Fulton County, Cherokee County, DeKalb County, Hall County, Clayton County, Cobb County, Forsyth County, Hart County, Jefferson County, Duluth, Atlanta, Alpharetta, Johns Creek, Lawrenceville, Marietta, Milton, Norcross, Snellville, Roswell, Buford, Smyrna, Marietta, Cumming, Grayson, Hartwell, Suwanee, Sugar Hill, Loganville, Lilburn, East Point, Gainesville, Snellville, Buckhead, Buford, Peachtree City, Dunwoody, Kennesaw, Decatur, Conyers, Stone Mountain, Decatur. Sandy Springs, Peachtree City, Douglasville, Newnan, Griffin, Woodstock, Carrollton, Forest Park, Canton, College Park, Cartersville, McDonough, Riverdale, Fayetteville, Covington, Stockbridge, Conyers, Clarkston, Barrow, Bartow, Butts, Carroll, Cherokee, Clayton, Coweta, Dawson, and Douglas.

Gwinnett/North Fulton Atlanta CPA on Helping Atlanta Business Owners on Business Startup Issues. Incorporating and Entity Selection 

As a Believer and a CPA, we are all called  to do as Jesus did and look to serve others. As we lean not on our own understanding but that of God’s we should seek out ways and opportunities to be the very hands and feet of Jesus Christ in a lost and fallen world. Below is sample letter we might receive and our response: 

I am a Christian going through many transitions in life.  I need an accountant to help me learn to take care of my personal finances once that takes place. 

Also, I am daring to believe, as you say, that God can do something mighty in helping me to do something I have never attempted before, that is start my own business.  This is doubly difficult for me as I have been a 20 year stay-at-home mom.  I want to parlay my skills in computer programming and organization into a business that is Christ honoring and serving the average man on the street as well as to some who have little to nothing.  I have a degree in Computer Science from Georgia State University.

I think I need the services of someone like yourself, but don’t know what your fees are.  I need direction all around to get my business up and running.  Do you have a time when I could come in and talk to you? Thank you, P.S. I found you on the Internet under Christian Accountants, and also read the article about your challenge to Dare to Attempt Something so Great for the Kingdom of God that it is doomed to failure, lest Christ be in it! 

Below is my response:

Evaluating what type of entity your business should be, we strive to balance the legal protection issues vs. the tax savings. Over the years, we have developed the mindset that there is no perfect election but there are ones that are better than others.

The information below and the assumptions we make are based upon the fact that my clients tell me that they want to pay as few tax dollars as legally possible. Below are some very specific rules, as well as some generalities. If you are considering incorporating in Georgia, we suggest that you sit down with a tax professional to see how these guidelines relate to you. These articles will do much to encourage and support you in making wise and prudent decisions for your new Georgia Business.

Tax Effects of Incorporating Your New Georgia Business
We can help you navigate through the myriad of tax law letting you make the best strategic and tax decisions in incorporating your business. See http://www.hiscpa.com/article6.html

New Corporation Forms and Registrations Checklist for your New GA Businesst
Whether you are just incorporating or have been in business for years. This summary will enable you to quickly locate the forms and guidance you need to ensure your business maintains tax compliance. See http://www.hiscpa.com/incorporating-articles.html

Tracking Marketing Stats for New Atlanta Business Owners
When you are first starting your new business it is a critical time to stay positive emotionally. One of the best ways to validate the success of your efforts is to track your marketing efforts measuring your results and efforts against your business plan model. Learn invaluable information as to how you can increase your likelihood for immediate feedback on your efforts thereby increasing your likelihood of success. Visit http://www.hiscpa.com/marketing-efforts.html

Matthew 7:24  ”Therefore everyone who hears these words of mine and puts them into practice is like a wise man who built his house on the rock. 

John Dillard, CPA of His CPA, PC (An Atlanta Christian CPA firm) 1940 Woods River Lane, Duluth, GA 30097  Phone 770-814-9304   http://www.hiscpa.com/    http://www.john-dillard.com/ To retain John Dillard CPA (An Atlanta Christian Speaker/Author) for your business group or church congregation, you can contact him today at 770.814.9304 

His CPA PC…A Christian Atlanta CPA Firm: Never Underestimate the Long-Term Benefits 

Dare to Attempt Something so Great for the Kingdom of God that it is doomed to failure, lest Christ be in it!

Alpharetta/Gwinnett/North Fulton CPA Advises on Incorporating Your New Georgia Business 

Incorporation: Choosing a Entity Type for Your New Georgia Business

Evaluating what type of entity your business should be, we strive to balance the legal protection issues vs. the tax savings. Over the years, we have developed the mindset that there is no perfect election but there are ones that are better than others.

My clients tell me that they want to pay as few tax dollars as legally possible. Below are some very specific rules, as well as some generalities. If you are considering incorporating in Georgia, we suggest that you sit down with a tax professional to see how these guidelines relate to you.

Understanding S Corporations

S Corporations can have no more than one hundred shareholders and they all need to be U.S. citizens or resident aliens. This corporation type almost always has to have a calendar year as the fiscal year. S Corporation rules have been around since the 1950s and were set up to simplify the rules and regulations of being a business owner.

Liability Protection and Subchapter S Corporations

An S Corporation, like a C Corporation, affords the business owner personal liability protection from business risks. Some of the keys to maximizing that protection are to treat the corporation like one by doing all your business in the corporate name, signing all of your documents listing your corporate title, not co-mingling any personal issues/bills in the corporation, and by having your annual Board of Directors and Annual Shareholder Minutes Meeting.

Choosing an Entity Type for Your New Georgia Business
Your initial choice of entity is perhaps the most important tax, financial and legal decision you might ever reach. Being well versed in these areas is essential to a wise and prudent decision. See http://www.hiscpa.com/article2.html

 Determining How Your New Georgia Business Will Be Taxed: Effects of Entity Choice
Carefully considering the tax effects of your entity choice is essential to getting your business off on the right foot. Being careful to avoid, if at all possible, the double taxation of C Corporations and then selecting the right entity for your business from both a tax and legal perspective is critical. Visit http://www.hiscpa.com/article2.html

Getting Your New Georgia Business Started
Understanding many of the basics of the start of the incorporation process will do much to ensure that you are well-versed and able to make wise and informed decisions. As these issues will affect your business operations and finances during the lifetime of your business they are essential to getting started well. Go to http://www.hiscpa.com/incorporating-guide.html

Determining Where to Incorporate Your New Geogia Business
The decision of where to incorporate your business is a critical component of getting your business started. Learn what you need to know to make a well-informed decision. See http://www.hiscpa.com/incorporating.html

 Gerogia Corporation Forms and Registrations Checklist
Whether you are just incorporating or have been in business for years. This summary will enable you to quickly locate the forms and guidance you need to ensure your business maintains tax compliance. Visit http://www.hiscpa.com/checklist.html  

Incorporating Your Issues for Your New Georgia Business Leadership

Knowing who will lead your business, their morals, beliefs and work ethic are essential to success in your new business venture. Determining who should be at the helm and who should follow will do much to avoid needless delays and time lost in aimless decision making. http://www.hiscpa.com/business-leadership.html

Incorporating the Details for Georgia Business Owners
Learning the basics of incorporation will do much to ensure that you do not make a costly mistake. Discovering the details of what all is involved in your new Georgia business will much to ensure you avoid costly mistakes and blunders. http://www.hiscpa.com/incorporating-details.html

To learn more about tax entities and the taxation thereof visit http://www.hiscpa.com/article2.html  There you will also discover a wide host of resources for American Entrepreneurs.

A Christian CPA Firm: Never Underestimate the Long Term Benefits 

John Dillard is an Christian Speaker/Author and an Atlanta CPA. To See how he takes Christ along with him to work visit http://www.hiscpa.com/ and for his latest book Overcoming Life’s 9/11’s: Job’s Journey and a Voice of One: Nehemiah’s Prayer visit http://www.john-dillard.com/ or call John Dillard CPA today at 770.814.9304 (All Rights Reserved)

Dare to Attempt Something so Great for the Kingdom of God that it is doomed to failure, lest Christ be in it!  

 We advise clients on: IRS representation, Offer in Compromise, Tax Problems, Incorporation in Georgia, Corporate and Personal Income Tax Returns, Part-time CFO, Virtual Controller, Business Planning, Offer in Compromise, Back Taxes, Bookkeeping

Atlanta/Gwinnett/North Fulton CPA Advises on Incorporating Your New Georgia Business 

Incorporating Your Business: Understanding and Properly Utilizing Georgia Entity Selection

Your initial choice of entity is perhaps the most important tax, financial and legal decision you might ever reach. Being well versed in these areas is essential to a wise and prudent decision. Carefully considering the tax effects of your entity choice is essential to getting your business off on the right foot. Being careful to avoid, if at all possible, the double taxation of C Corporations and then selecting the right entity for your business from both a tax and legal perspective is critical. Understanding many of the basics of the start of the incorporation process will do much to ensure that you are well-versed and able to make wise and informed decisions. Below is a sample inquiry we might receive from an entrepreneur who is looking to set up/incorporate a new business:

We are planning to start a new business. We are not sure where we will need to incorporate our business. Can you provide advice as to which state would be most favorable overall, in terms of taxes, for starting a business?  Although we have not chosen the type of entity yet, it will probably be an S Corporation. And do you provide accounting services for that state?  Thank you for your time.

Below is my response:

Thanks for visiting www.HisCPA.com   Please take read and review the below article and then give me a call so we might discuss. I would be happy to help you with your new venture. Keep in mind you will want to incorporate in all states where you transact business. I look forward to your call. Cheers, John Dillard CPA, 770 814 9304

Understanding the basics of where and when to incorporate your business in Georgia will provide you with needed insight to avoid unnecessary pitfalls, fees, and legal issues that befall many as a result of their failure to have a rudimentary understanding of the issues. There is a lot of hype out there about where to incorporate that may well lead you to discover that the steps you made to protect your Georgia business while in good faith, have caused complexities that hurt rather than help your business. In general there are several criteria to evaluate when considering where to originally incorporate/domicile your business. All the criteria should be looked at in aggregation to consider including:

Base Business Operations – Where your business actually earns money and produces income is a critical component to consider in determining where your business should legally domicile and register. For example if your headquarters is in Georgia, you would incorporate in Georgia absent any other substantive issues. Then if your business transacts business operations in other states you would want to consider registering your corporation as a foreign corporation in another state. This designation does not register you as a foreign corporation to the U.S. but to the state where you are transacting business and have substantive business operations.

Where Are Your Workers – For all states where you have employees you will want to be sure to register and incorporate in those states whether you have an office in that state or solely have employees who work out of their homes in those states. Accordingly, if you have employees in Georgia, you will want to be sure that you comply with all Georgia payroll taxes.

Physical Offices/Plants – For all locations that your business has a physical location and on-going physical presence, you will want to register your corporation as doing business in that state. Having a sound risk management plan is an integral part of the incorporation/registration process and is tantamount in making wise and informed decisions. For example, if your business headquarters and management are local, you will most likely want to incorporate the business in Georgia.

Working with your CPA and attorney on these issues before you incorporate is your best defense to ensure that you make wise and informed incorporation and registration decisions so contact us today.

Serving Lawrenceville/Snellville/Norcross/Roswell as an Award Winning CPA for Decades

http://www.hiscpa.com/article3.html Gwinnett/Duluth CPA Teaches Personnel Keys to Managing Business Growth
http://www.hiscpa.com/article6.html Alpharetta/Roswell CPA Teaches the Tax Effects of Entity Choice
http://www.hiscpa.com/marketing-efforts.html Norcross/Sandy Springs CPA on Tracking Marketing Statistics for Your Georgia Business 

And this is only some of the information available on our web site. You also have at our blog a host of other varied and timely tax and business management issues you can use. 

John Dillard, CPA of His CPA, PC (An Atlanta Christian CPA firm) 1940 Woods River Lane, Duluth, GA 30097  Phone 770-814-9304   http://www.hiscpa.com/    http://www.john-dillard.com/ To retain John Dillard CPA (An Atlanta Christian Speaker/Author) for your business group or church congregation, you can contact him today at 770.814.9304 

Dare to Attempt Something so Great for the Kingdom of God that it is doomed to failure, lest Christ be in it! 

We advise clients on: IRS representation, Offer in Compromise, Tax Problems, Incorporation in Georgia, Corporate and Personal Income Tax Returns, Part-time CFO, Virtual Controller, Business Planning, Offer in Compromise, Back Taxes, Business Acquisitions/Sales, Forensic Accounting, Business Valuations and Bookkeeping. 

Tucker/Gwinnett/Duluth CPA Firm Helps Atlanta Taxpayers Addressing Entity Selection Issues When Incorporating in Georgia

Utilizing tax law to your best legal advantage is the responsibility of all. When Jesus said we are to submit to Cesar what is Cesar’s this also required us as Believers and Christians to pay all of the taxes we legally owe. However He did not require us to pay more than tax law required or stated that we owed. Recently I received an inquiry off of my web site seeking to learn the tax advantages and nuances of different entity choices and below is their inquiry:

Below is my response:

Thanks for visiting www.HisCPA.com Generally speaking I would suggest you be an S Corporation but before we make a final decision I will forward you an article for your review.

Let’s talk tomorrow a.m. about your particular situation. However generally speaking an LLC will pay more in taxes because of the way it is taxed, business deductions are substantially identical and the only major nuances will be the implementation and set up of a retirement account based determined exclusively based upon how the IRS defines earned income.

Cheers, John Dillard CPA, 770 814 9304

 http://www.hiscpa.com/article1.html Atlanta CPA Illustrates Difference Between Planning & Historical Accounting by North Fulton CPA
http://www.hiscpa.com/article3.html Gwinnett/Duluth CPA Teaches Personnel Keys to Managing Business Growth
http://www.hiscpa.com/article6.html Alpharetta/Roswell CPA Teaches the Tax Effects of Entity Choice
http://www.hiscpa.com/marketing-efforts.html Norcross/Sandy Springs CPA on Tracking Marketing Statistics for Your Georgia Business 

And this is only some of the information available on our web site. You also have at our blog a host of other varied and timely tax and business management issues you can use. 

John Dillard, CPA of His CPA, PC (An Atlanta Christian CPA firm) 1940 Woods River Lane, Duluth, GA 30097  Phone 770-814-9304   http://www.hiscpa.com/    http://www.john-dillard.com/ To retain John Dillard CPA (An Atlanta Christian Speaker/Author) for your business group or church congregation, you can contact him today at 770.814.9304 

His CPA PC…A Christian Atlanta CPA Firm: Never Underestimate the Long-Term Benefits 

Dare to Attempt Something so Great for the Kingdom of God that it is doomed to failure, lest Christ be in it! 

We advise clients on: IRS representation, Offer in Compromise, Tax Problems, Incorporation in Georgia, Corporate and Personal Income Tax Returns, Part-time CFO, Virtual Controller, Business Planning, Offer in Compromise, Back Taxes, Business Acquisitions/Sales, Forensic Accounting, Business Valuations and Bookkeeping.

Atlanta CPA Advises on How to Determine if You Have a Valid and Legal Business

Recently I received an inquiry from a taxpayer who acknowledged that on prior tax returns they had traded stocks for their own account and claimed business expenses on their Schedule C as part of their Form 1040. Claiming business expenses for a personal activity are not allowed as tax law defines items such as hobbies or similar like activities as personal in nature. To qualify as a legitimate business the purpose of the enterprise must be for the production of income, to serve other clients with the ultimate goal of making a reasonable profit and likelihood.

Incorporating 101: Georgia Incorporations

If you  have started a new business and now need tax advice to take your business to the next level and to ensure that you set up as the correct/best legal entity type for your new Georgia business. Setting up your business as a corporation will do much to protect your personal assets from legal liability issues while potentially shrinking your overall year-end tax obligation while also providing benefits for yourself, as well as your employees. We are here to serve you as you make this important decision. For decades we have helped thousands pursue the dream of owning their own business and helping them understand and utilize the entity choice that is best-suited for their business.

Incorporating in Georgia: Incorporating in Georgia requires that you file for the company Articles of Incorporation with the Georgia Secretary of State’s Office. Corporations should also be sure to prepare a legal posting/announcement for the legally authorized newspaper in the county’s paper, establishing bylaws, election a Board of Directors, Officers and the issuance of stock. 

Georgia Entity Requirements: Georgia law requires that you essentially disclose that entity type your business is as part of the name of the business such as adding to the end of your business name one of the below entity types. These names acknowledge to the public what entity type you have selected and for identification purposes with the Georgia Secretary of State. Types including Incorporated, Company, Inc., LLC, LLP. 

Selecting a Name for your Georgia Business: Georgia law requires you to select a corporate/business name that is easily distinguishable from other names so that the public will be able to readily identify and recognize businesses from other companies. 

Establishment of an Incorporator: Georgia law requires that as a business legally registering to transact business in the state have a named incorporator who is responsible for all of the initial incorporating paperwork. A company’s Articles of Incorporation should be included in the initial paperwork filed with the Secretary of State’s Office with the initial filing fees. 

Corporate Directives/Setting up Your Corporate Bylaws: Over the years of serving Georgia business owners have often struggled with “what’s next” in the establishment and setting up of their new business. To help clarify and assist owners in addressing these issues, we work with taxpayers by providing the below Incorporating Checklist:

As a business owner it is prudent to have an annual Board of Directors, Officers, and Shareholder’s Minutes meetings and that each year you should pay the annual fee with the Georgia Secretary of State’s Office to renew your corporations annual registration. Please be aware that you need to get a business license and always list your corporate title when signing any agreement and conduct all corporate business in the corporate name.

Employee forms – W-4, G-4, and I-9 and independent contractor forms W-9. After they complete these forms, you should keep these in their permanent files. Employers should also be aware of the  Georgia New Hire Reporting Act and forms relative to that information. Tax law requires all active employee owners to pay a fair and reasonable salary and it is prudent to retain a payroll service for your entire payroll and 1099 needs. Please be reminded that as long as you pay yourself a reasonable salary, you may also pay yourself shareholder distributions, which are devoid of FICA and Medicaid taxes.  Per your advice you will not be required to file sales tax reports.

The following are recommendations to better manage your business including turning in a monthly expense report to the business and keep a daily log to track and support business miles. I suggest all business owners tax plan twice every year.  Your U.S./IRS and Georgia corporate returns if you are a C or an S Corporation are due March 15th of each year. I suggest that all business owners consider a trademark to ensure that the name will always be yours.

There are many reasons a taxpayer may look to incorporate their business ranging from legitimacy, liability limitation and tax mitigation. Understanding these many nuances is your best first step in ensuring that you chose an entity type is best achieving success given your business model and operations. Entity selection is determinant on many issues ranging from citizenship, number of shareholders, ease of operation, tax obligations and year-end filings and even who your shareholders will be. Though many of these issues will conflict, working with a professional who is well versed in these issues will help you make the best election available for your new Georgia Business.

Choosing an Entity Type for Your New Business
Your initial choice of entity is perhaps the most important tax, financial and legal decision you might ever reach. Being well versed in these areas is essential to a wise and prudent decision. Visit http://www.hiscpa.com/article2.html

 A Christian CPA Firm: Never Underestimate the Long Term Benefits 

John Dillard is an Christian Speaker/Author and an Atlanta CPA. To See how he takes Christ along with him to work visit http://www.hiscpa.com/ and for his latest book Overcoming Life’s 9/11’s: Job’s Journey and a Voice of One: Nehemiah’s Prayer visit http://www.john-dillard.com/ or call John Dillard CPA today at 770.814.9304 (All Rights Reserved) Dare to Attempt Something so Great for the Kingdom of God that it is doomed to failure, lest Christ be in it!    

We advise clients on: IRS representation, Offer in Compromise, Tax Problems, Incorporation in Georgia, Corporate and Personal Income Tax Returns, Part-time CFO, Virtual Controller, Business Planning, Offer in Compromise, Back Taxes, Bookkeeping.

Award Winning Duluth, GA CPA Teaches Tucker/DeKalb/Forsyth/Alpharetta Business Owners Advice on Incorporating

Lifting the Veil Surrounding Entity Selection, When Incorporating in Georgia 

Choosing the correct entity for your new Georgia business is not the faint hearted or ill prepared. “Learning the Ropes” and how best to Incorporate Your New Metro Atlanta Business will do much to ensure that you only Pay Your Lowest Legal Possible Tax. Below is a sample of a recent inquiry received: 

I formed an LLC. I am doing professional services as by business and it is in the State of Georgia. I have registered my company with the State and also have FEIN #. I have a business checking account and payment for my work is paid into that account. I draw my expenses from that. My revenue so far is small and for the last few months.

I want to convert to S-Corp by filing with IRS. How soon this should be done? Can I do this retroactively? That is do I have to a 1099 or C-Corp till today and S-Corp from the day I file with IRS for S-Corp. Appreciate a general reply, if not specific points. Can I avail your CPA services? What are the charges? Thanks  

Below is my response: 

Thanks for visiting www.HisCPA.com I can help you with all of that.

I will send you under separate cover a information about converting your LLC to an S Corporation for tax purposes and yes we can get the Incorporation Date as the S Corporation effective date if we act soon.  

Quality wise we strive to be second to no one, while fee wise we strive to be mid-range.  I would welcome talking to you about your becoming a client and us serving your CPA needs for many years to come. All the Best,  John Dillard CPA   

LLC’s can Legally Convert to an S Corporation Saving Thousands Annually. LLC’s came in vogue approximately fifteen years ago when the state of Georgia enacted legislation allowing an LLC (Limited Liability Company) to be established. Although the LLC does allow for some greater flexibility and ease of operation it often results in a higher tax obligation that might not have been incurred if the business was an S Corporation.    

Tax law treats all the earned income from an LLC as being subject to both FICA & Medicaid taxes whereas an S Corporation has to pay those taxes reflected on W-2’s. For tax purposes, the law allows an S Corporation to legally convert to being an S Corporation as long as all active employee/owners pay themselves a fair and reasonable salary. This number is best determined by the facts, position, and profit of a business and the truest test of this calculation is what a business owner would have to pay someone else to perform their position.    

All businesses are unique and therefore all saving opportunities are different. But even the smallest of businesses with the smallest of profits may save approximately $6000 by converting from an LLC to an S Corporation. Already this year, we completed this process for an LLC saving them $25,274 of FICA/Medicaid taxes.   

There are only four rules to qualify for being an S Corporation.  You must: -Have a December 31st year-end.  -Have less than 100 shareholders.  -Have shareholders who are U.S. citizens or resident aliens.  -Have only one class of stock.  

We offer a free initial consultation to see if converting your business to an S Corporation for tax purposes makes sense to you. Put our decades of experience to work for you ensuring you pay your lowest legal possible tax. 

A Christian Atlanta CPA Firm: Never Underestimate the Long Term Benefits. 

John Dillard is an Christian Speaker/Author and an Alpharetta/Tucker CPA. To See how he takes Christ along with him to work visit http://www.hiscpa.com/ and for his latest book Overcoming Life’s 9/11’s: Job’s Journey and a Voice of One: Nehemiah’s Prayer visit http://www.john-dillard.com/ or call John Dillard CPA today at 770.814.9304 (All Rights Reserved) 

Dare to Attempt Something so Great for the Kingdom of God that it is doomed to failure, lest Christ be in it!    

We advise clients on: IRS representation, Offer in Compromise, Tax Problems, Incorporation in Georgia, Corporate and Personal Income Tax Returns, Part-time CFO, Virtual Controller, Business Planning, Offer in Compromise, Back Taxes, Bookkeeping.