Why Should You Incorporate Your Business

Updated September 01, 2023
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Incorporation can be a very beneficial business move for both entrepreneurs looking to start a new company and those looking to reorganize their pre-existing sole proprietorship or general partnership. Adopting a formal corporate structure (either C corp or S corp) takes much more administrative effort than other more informal business types, but can often offer unique opportunities for your business.  

The benefits

How exactly would incorporation benefit your company? Beyond adding credibility to your organization, incorporation is a great remedy for many pitfalls affecting more relaxed business structures.

Tax benefits Corporation owners are able to deduct many more expenses than those who own more informally structured businesses. These write-offs can include substantial personal living expenses such as health and life insurance, travel, and in some cases, even entertainment. Corporation owners are also free from paying certain self-employment taxes as well.

Personal asset protection Even some of the most well run businesses fail for one reason or another. In the event that a corporation becomes unable to pay its debts, its owners are given limited liability status. This means that their personal funds or assets cannot used to settle the business’s debts.

Transfer of ownership Formal corporate structures are designed to streamline sales of ownership shares in the business. The transfer of a C corporation’s ownership is typically done through the simple sale of common or unrestricted preferred stock. S corps do have a few more restrictions on ownership transfers, but still offer easier interest transfer than LLCs or other informal structures. This makes incorporation a must for any entrepreneur looking for an easy exit strategy.

Access to capital Venture capitalists and other independent financiers typically will only invest in C corps due to the fact that ownership transfers are simple and have few restrictions. With the growing trend of many start-ups relying on these sources for funding, the C corp structure is becoming the most attractive option for organizations that hope for rapid growth. Stock sales to raise capital are only possible under the C corp structure as well. Even companies looking for traditional bank financing are finding it difficult to do so without being incorporated.

Separate legal entity for your business Informal business structures aren’t perpetual entities. In the event that one of its owners dies or looks to sell the business, the company typically ceases to exist in its current form. In contrast, corporations have the ability to remain as is in the event of the passing of an owner or transfer of ownership.  

Retirement savings Corporation owners have the ability to set up several different retirement plans and funds for themselves, such as 401(k)s. Typically these types of plans are only available to full-time employees of larger companies.

The drawbacks

Although there are tons of benefits to incorporation, there are a few drawbacks to be aware of. The following drawbacks are not meant to deter incorporation, but to help you prepare and plan the most effective strategy for mitigating any of these issues.

Taxes C corp owners are effectively taxed twice on their business’s profits. No other business structure, even the S corp, is taxed in this manner.

Paperwork Beyond the initial filing process, there is a great deal of ongoing paperwork and record keeping necessary to running a corporation. This administrative work can end up being quite costly in terms of labor, depending on the size of the organization.

Cost Along with the great deal of additional paperwork involved with running and owning a corporation, there a several ongoing incorporation fees that must be paid as well. While these fees are often negligible for large organizations, they may make a noticeable impact on smaller corporations.

Swyft can help!

As you can probably tell, there are many variables that will effect your decision of whether or not to incorporate your business. If you’d like more information, tailored to your specific situation, don’t hesitate to talk it over with one of our experienced business professionals. Contact us today!

Originally published on October 21, 2022, and last edited on September 01, 2023.

Frequently Asked Questions

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How much does it cost to form a corporation or LLC?

You can form a corporation or LLC with our help for as little as $0, plus state filing fees for incorporation. Filing fees vary depending on the state you incorporate in. For more information on specific states, check out our state guides on the Swyft Resource Center. You can also email us with specific questions or contact us at 877-777-0450.

What payment methods do you accept?

Swyft Filings accepts payment through Visa, MasterCard, American Express, PayPal, checks, and money orders. You can send any questions about payment to our email address or contact us at 877-777-0450.

Will I have to pay additional fees to Swyft Filings after completing my order?

It depends on what you ordered. If all you did was file your corporation or LLC, the price you paid when ordering is all you pay. You will have no further fees after that.

However, if you signed up for the Swyft Filings Registered Agent Service, you will be charged its initial fee three days after you place your order. From then on, you will be charged according to the terms of your subscription until you change your registered agent with the state or dissolve your company. If you change your agent or dissolve your company on your own, let us know so we can discontinue billing.

Other potential subscription-based options include SnapMailbox, 360 Legal Forms, and ComplianceGuard. If you opt for SnapMailbox or 360 Legal Forms, you will be charged a monthly fee after their respective 30-day free trials end. ComplianceGuard has an annual fee after a 14-day free trial. All three of these services are completely optional.

When will my order be processed?

Our team processes all Standard orders on a first come, first served basis. If you opt for Express or Same-Day Processing, we prioritize your order and send it to the front of the line. However, no matter how fast we get it out the door, you’ll still have to wait for your state to address your filing.

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