For federal tax purposes, the Internal Revenue Service has separate entity classification rules. Under the tax rules, an entity may be classified as a corporation, a partnership, a cooperative or a disregarded entity. A corporation may be taxed as either a C corporation or elect to be treated as a Subchapter S corporation. A disregarded entity has one owner (or a married couple as owner) that is not recognized for tax purposes as an entity separate from its owner. Types of disregarded entities include single-member LLCs; qualified sub-chapter S subsidiaries and qualified real estate investment trust subsidiaries. A disregarded entity's transparent tax status does not affect its status under state law. For example, for federal tax purposes, a sole-member LLC (SMLLC) is disregarded, so that all its assets and liabilities are treated as owned by its single member. But under state law, an SMLLC can contract in its own name and its owner is generally not personally liable for the debts and obligations of the entity. To be recognized as a Cooperative for tax purposes Cooperatives must follow certain rules under Sub Chapter T of the Internal Revenue Code.
Doing Business As: denotes a business name used by a person or entity that is different from the person's or entity's true name. DBAs are not separate entities and do not shield the person or entity who uses the DBA as a business name from liability for debts or lawsuits. Filing requirements vary and are not permitted for some types of businesses or professional practices. See also Delaware corporation, Delaware statutory trust, Nevada corporation, and Massachusetts business trust.
If you need financial assistance, a commercial loan through a bank is a good starting point, although these are often difficult to secure. If you are unable to take out a bank loan, you can apply for a small business loan through the Small Business Administration (SBA) or an alternative lender. [See related story: Best Alternative Small Business Loans]
Another option is to open a franchise of an established company. The concept, brand following and business model are already in place; all you need is a good location and the means to fund your operation. Regardless of which option you choose, it's vital to understand the reasoning behind your idea. Stephanie Desaulniers, director of operations and women's business programs at Covation Center, cautions entrepreneurs from writing a business plan or worrying about a business name before nailing down the idea's value.
The restaurant chef is not the only person that has a say on what goes on the menu. High-end restaurants often find themselves indecisive when it comes to the food they want to serve, especially as seasons change. A menu planning business is a very low-cost idea, but is perfect for those who love to work with food without any direct involvement in preparing or serving it. Many places are willing to hire a consultant to design their seasonal menus, so visit local restaurants and make them aware of your culinary skill set.
If you're thinking about starting a business, you likely already have an idea of what you want to sell, or at least the market you want to enter. Do a quick search for existing companies in your chosen industry. Learn what current brand leaders are doing and figure out how you can do it better. If you think your business can deliver something other companies don't (or deliver the same thing, but faster and cheaper), you've got a solid idea and are ready to create a business plan.
An attorney is typically not required when starting a business. A business filing service such as Swyft Filings can help you streamline the formation process, and save you a great deal of time, effort, and money. However, if you are unsure of which business structure may be right for you, or you have questions regarding specific tax or organizational issues, it may be advisable to speak with an attorney or accountant before starting a new business.
"Many people think they have a great idea and jump into launching their business without thinking through who their customers will be, or why these people should want to buy from or hire them," Desaulniers said. "Second, you need to clarify why you want to work with these customers – do you have a passion for making people's lives easier? Or enjoy creating art to bring color to their world? Identifying these answers helps clarify your mission. Third, you want to define how you will provide this value to your customer and how to communicate that value in a way that they are willing to pay."
Limited liability companies allow for a large variety of management structures based on your specific needs. Management structures for S-Corps are largely dictated by state and federal law. Management schemas for C-Corps are largely dictated by state and federal law. NPOs need to follow strict management laws to guard their non-profit status. Since Sole Proprietorships have only one member, there is no management structure.
If you have an eye for the little details, a packing service business could be your calling. When someone moves out of their home, they pay for removal services to take their belongings from their old house to their new one. But the process of packing all their belongings into boxes in the first place is extremely time-consuming. Why not offer people your time to do this for them while they are at work or busy running errands?
No Ownership Restrictions The LLC does not have any residency or citizenship restrictions, which allows foreign nationals to have ownership in an LLC, if desired. In addition, other corporate entities may be LLC members which means that other corporations or LLCs (or other entities) may be a member of the LLC, or may be the sole member (although an LLC with a sole member that is a corporation or LLC is treated for tax purposes as a partnership or multi-member LLC).
Unltd or Ultd (Unlimited/無限公司): similar to a limited liability company (Ltd) but whose members or shareholders do not benefit from limited liability should the company ever go into formal liquidation. It is not a requirement under company law to add or state the word or designation Unlimited (無限公司) or its abbreviations (Unltd or Ultd) at the ending of its legal company name, and most unlimited companies do not.