Duluth CPA on Incorporating Your New Georgia Business
Thursday, July 22nd, 2010Duluth 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/
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