PREFACE
First, we
say thanks to god, because his bless we can do this paper. We also say thanks
to our teacher because her helping we can do the paper well. The paper is made
to add knowledge about business organization.
The paper
contains about form of business organization and aspect of business
organization. The paper also top 7 ways to make organization more efficients ,
the ways can student use to start new business in their life to get what they
need in future.
So many weakness
in this paper, so writer hope suggestion to make a changes . so the writer can
make better paper in future.
BISNIS ORGANIZING
Businees
is an activity what people do to get what they need. Business do by group and personal. Griffin and Ebert
say business is an organization that provides goods or service in order to earn
profit.
Function
of business activity are :
3.
Distributing products to consumers
Form of Business
Entrepreneurs should seriously weigh
the pros and cons of various forms of business organizations. Your small
business can be set up as a sole proprietor, corporation, S-corporation,
partnership, non-profit organization, Limited Liability Company, Limited
Liability Partnership, and in some states a Professional Limited Liability
Company/Partnership. Such a dizzying array of choices! Which form of
organization is best for your business depends on several factors, some of
which are tax-related, some of which are business-related, and some of which
are influenced by legal concerns.
Moreover,
you may need a different form of organization at different times in the life of
your business. So don't be afraid to change your form of business if your needs
change.
All of the
forms of business organizations can be separated into two groups: corporations
where tax is assessed at the corporate level and "pass-through
entities" where tax is assessed at the shareholder level. The phrase
"pass-through entity" means that profits are not taxed to
corporation. Instead, 100% of profits (or losses) are distributed (or
passed-through) to the shareholders. Each shareholder reports his or her share
of profits or losses on his or her individual Form 1040.
Here's the
breakdown of the various types of organizations.
Taxed at
the corporate level:
- Corporations,
- LLCs taxed as corporations, and
- Non-profit organizations
Taxed at
the shareholder level ("Pass-through entities"):
- Schedule C sole proprietors,
- S-Corporations,
- Partnerships, and
- LLC/LLP/PLLC/PLLP taxed as
partnerships
You incorporate your business in the
state you conduct business in. If you live and work in Texas, for example, you
would incorporate your business in Texas. If your business conducts business
throughout the United States, you need to incorporate in the state where your
headquarters will be. If you have a substantial business presence in another
state, you may need to let that state know and file state tax returns or sales
tax returns based on your business earnings in that other state. Businesses
with substantial nationwide activity sometimes choose to be incorporated in
Delaware or Nevada because of the business-friendly laws in those states. Even
if you incorporate in Delaware or Nevada, you will still need to register your
business in those states where you have an actual business location.
The
various forms of organization are established by state law. There are a wide
variety of business organizations recognized by the states. For example, a
popular form of organization is the Limited Liability Company (LLC). The LLC is
a state designation. At the federal level, an LLC is taxed as a partnership. If
the LLC so chooses, it can be taxed as a corporation at the federal level.
While there are a variety of designations at the state level, for federal
tax purposes there are only 6 forms of business organizations:
- Sole Proprietor (1040 Schedule
C),
- Corporation (1120),
- Partnership (1065),
- S-Corporation (1120S),
- Trust (1041), and
- Non-profit organization (990)
Sole
proprietors
are unincorporated businesses. They are also called independent contractors,
consultants, or freelancers. There are no forms you need to fill out to start
this type of business. The only thing you need to do is report your business
income and expenses on your Form 1040 Schedule C. This is the easiest form of
business to set up, and the easiest to dissolve. (An LLC with only a single
shareholder, a so-called single-member LLC, is taxed as a sole proprietor on a
Schedule C.)
Corporations are incorporated businesses. Every
form of business besides the sole proprietor is considered a separate entity,
and this often provides a measure of legal and financial protection for the
shareholders. The shareholders of corporations have limited liability
protection, and corporations have full discretion over the amount of profits
they can distribute or retain. Corporations are presumed to be for-profit
entities, and as such they can have an unlimited number of years with losses.
Corporations must have at least one shareholder.
Partnerships are unincorporated businesses. Like
corporations, partnerships are separate entities from the shareholders. Unlike
corporations, partnerships must have at lease one General Partner who assumes
unlimited liability for the business. Partnerships must have at least two
shareholders. Partnerships distribute all profits and losses to their
shareholders without regard for any profits retained by the business for cash
flow purposes. (LLCs are taxed as partnerships, unless they choose to be taxed
as corporations.)
S-Corporations have features similar to a
partnership. An S-corporation must have at least one shareholder, and cannot
have more than 100 shareholders. If any shareholder provides services to the
business, the S-Corp must pay that shareholder a reasonable salary. This salary
is a separate payment from distributions of profits or losses.
Trusts are usually formed upon the death
of an individual and are designed to provide continuity of the investments and
business activities of the deceased individual. We will not discuss trusts
further.
Nonprofits are corporations formed for a
charitable, civic, or artistic purpose. Nonprofits are generally exempt from
federal and state taxation on their income, and so they are often called
"exempt organizations." Nonprofits have substantial responsibilities
for reporting their activities, income, and assets to ensure that they are in
compliance with federal and state laws governing charities. For additional
information on starting, managing, and developing a not-for-profit organization.
As
mentioned above, sole proprietors, S-corporations, and partnerships are taxed
at the shareholder level. Corporations, however, are taxed at the corporate
level.
Some of the decision factors include
how profitable your business is, and how much of those profits you want
distributed to you versus re-investing the profits back into the business.
Generally
speaking, profitable businesses should be C-corporations (regular corporations
that file on Form 1120). The lowest tax bracket for a C-Corp is the 15% bracket
that goes from zero to $50,000. It may be possible to manage your small
business finances so that your corporation will never pay more than 15% in
taxes.
For other
forms of business (partnership, S-Corp, LLC partnerships, Schedule C), tax is
not levied at the corporate level, instead all profits are fully distributed to
the shareholders, and reported & taxed on each shareholder's 1040. On a
profitable business, this will increase each shareholder's taxable income, and
possibly move them to a higher tax bracket.
If the
business is losing money,
losses are retained by a C-Corporation and offset next year's income. In other
forms of business, the loss is passed-through to the shareholder, where the
loss reduces the shareholder's total income. Losses on a pass-through entity
provide a significant tax break in the year the loss occurs. Losses in a
regular C-Corporation provide a significant tax break in the future by reducing
future income. Generally speaking, business owners prefer to operate an
unprofitable business as an S-Corp, partnership, LLC, or sole proprietor, and
prefer to operate profitable businesses as a regular C-Corp, LLC, or
partnership.
S-Corporations can be owned by a single person,
and so the IRS expects S-Corps to pay a reasonable salary to the managing shareholder in
addition to a profit distribution. Naturally, I am inclined to pay myself more
as profits and less as salary in order to minimize the payroll taxes (Social
Security and Medicare taxes) that are due on salary. The IRS is aware of this
situation and is on the lookout for it. The IRS expects S-Corps to pay
reasonable compensation for the services of the officers. "Reasonable
compensation" can be interpreted in different ways. But it means what you
would expect to be paid if you were hired by someone else. The fastest way
to an IRS audit as an S-Corp is to report zero officer compensation.
Partnerships
and Limited Liability Companies are taxed at the shareholder level, much like an S-Corp.
The IRS, however, has not demanded that partnerships pay a reasonable salary to
managing shareholders. General partners in a partnership are considered
self-employed, and their share of profits are subject to the self-employment
tax. Limited partners, however, pay self-employment tax only on "guaranteed
payments" for services rendered to the partnership. Every partnership must
have at least one General Partner. LLCs, however, can be composed of
shareholders who designate all management responsibility to salaried employees.
Thus on an LLC, shareholders would not be subject to self-employment tax unless
they receive a "guaranteed payment" for services rendered to the LLC.
Schedule C
sole proprietors
are taxed on their 1040. The entire business profit is considered
self-employment income, and is reported on a Schedule C. As a Schedule C
business, you do not pay yourself a salary. Only salaries and payroll taxes
paid for other employees are allowable business expenses.
C-Corporations are taxed separately from their
shareholders. Any salary paid to yourself is deductible as a business expense
to the C-Corporation. Also, if the C-Corp distributes dividends to the
shareholders, the dividends are taxed at a special "qualified
dividends" tax rate of 15%. Dividends from a corporation are taxed twice,
once at the corporate level and again at the shareholder level. Since the
corporation has already paid tax on its earnings, this distribution qualifies
as a "qualified dividend" at the lower 15% tax rate. On my 1040, I
pay only 15% tax on these dividends.
C-Corporations
are the only business that can split profits between retained earnings
and dividends. S-Corps and Partnerships must report all profits as a
distribution, even if the business has retained some of the cash for next
year's operating expenses. The ability to choose when and how much you are
taxed by controlling when and how much money is distributed is a crucial tax
advantage for C-Corporations. This means that there is more flexibility
with a C-Corporation to pick your tax rate than there is with the other
options. However, S-Corps, partnerships, and Schedule C businesses are easier
to set up and operate.
Business considerations play a
crucial role in deciding which form of organization is best for your
enterprise. Balance the tax benefits of incorporating with various business and
legal needs.
If your new venture has a pressing
need to raise capital from outside investors, forming a C-corporation is the
easiest way to satisfy the demands of investors. C-Corporations can have an
unlimited number of shareholders, can have different classes of stock, and do
not need to be dissolved if a shareholder leaves. Partnerships, by contrast,
must be dissolved whenever more than 50% of the partnership interest changes
hands. Raising capital in a partnership is consequently more involved.
S-Corporations are limited to 100 shareholders. Schedule C sole proprietors are
limited to only one owner, so sole proprietors have no ability to raise capital
from outside investors.
At some point in time you may need
to transfer ownership of a business to someone else. You could be selling your
business, transferring some of the ownership to your children, or bringing in a
new business partner. With C-corporations and S-corporations you can add new
shareholders and transfer shares with relative ease. Transferring a significant
portion of a partnership, by contrast, may require that the partnership
terminate and a new partnership be formed. Finally, sole proprietors cannot
transfer ownership of their business. If they want out, they can sell all the
assets and liabilities of the business to someone else, but the buyer would
have to form his own business.
In C-corporations, Limited Liability
Companies, and Limited Partnerships, shareholders are separate from management.
Shareholders do not take on any management responsibilities, and managers do
not shoulder any ownership responsibilities. This separation is crucial for
keeping liabilities from bad management decisions from depleting the
shareholder's personal assets. By contrast, general partners in a partnership,
shareholders in S-corporations, and sole proprietors are not separate from
management. They actively engage in management decisions and daily business
activities.
The major legal consideration in
choosing a form of business is limited liability protection. Limited liability
means the owners of the business are only liable for the capital they have
invested. Let's say my company is sued for $1 million, but as a shareholder I
have invested only $10,000. With limited liability, the most I can lose is the
$10,000 I have invested. My personal assets (house, car, bank account) cannot
be touched. Limited liability is available for C-corporations, S-corporations,
Limited Liability Companies, and limited partners in a Limited Partnership or
Limited Liability Partnership.
General
partners in a partnership and sole proprietors, however, have unlimited
liability. Creditors and lawsuits can go after the owner's personal assets
(real estate, bank accounts, etc.). As such, partnership and sole proprietor
are good only for businesses with small risk for liability exposure. Good
examples would be a partnership formed to invest in the stock market, or
freelance writers and other artists with low risk of being sued. If you are at
risk of being sued for accidents, bad decisions, or property damage, you should
consider a form of organization that offers limited liability protection.
Setting up a sole proprietor
business is the easiest thing to do. You actually don't need to do anything
until you file your first business tax return on your Schedule C. This is also
the easiest business to shut down – you just stop being in business. All the
other forms of organization, however, require filing various papers with your
state government and with the Internal Revenue Service. To incorporate your
business, you will need to write up your Articles of Incorporation, By-Laws, file
various documents with your state government, obtain an Employer Identification
Number from the IRS, and once approved, submit these documents to your bank to
set up a business bank account.
You can
incorporate a business yourself, or you can hire a professional incorporation
service. Fees for a professional firm can run from $300 to over $1,000. You may
also need the services of an attorney. State governments charge filing fees for
processing your incorporation documents. Fees vary by state and can vary by the
type of organization you want to form. You will need to file a Doing Business
As form with your county government to register your business name, and this
requires a filing fee and newspaper costs for announcing your business name to
the public. These fees can quickly add up, so have solid reasons for
incorporating, and understand how your form of organization will achieve your
business, legal, and tax needs.
Top 7 Ways to Make Your Organization More Efficient
There are many ways to make your organization more
efficient, but I have listed seven basic ways to help you reduce operating
costs and improve focus on your customers.
- Standardize
forms and documents.
Wherever possible, ensure that the different departments in your organization are using the same forms and documents and have them stored in a central repository for everyone to access electronically. The consistent use of documents will show professionalism to your internal and external stakeholders and will also reduce the administrative time used in developing a new form or template every time one is needed. - Use
technology whenever possible.
Email, web conferences and the telephone are three simple and inexpensive ways to reach out to more customers, suppliers and stakeholders without incurring significant travel or marketing expenses. Transaction-processing systems (purchasing, accounts payable) reduce the amount of paper used as documents are sent electronically. These electronic processes are usually quicker and result in immediate value for the organization. - Use
common processes.
Ensure that everyone in the organization is following the same process when doing the same thing. These processes should come from a central directive body and compliance should be monitored. Using common processes ensures clarity with suppliers and customers and helps to set a common expectation of service levels. - Document
employee responsibilities and accountabilities.
Everyone in the organization should know their role and their accountability towards the success of the company. Ambiguity in job descriptions leads to duplicate work and important activities being missed. - Solicit
employee, supplier and customer feedback.
The best way to retain good employees is to have them involved in the development of the business. Customers know what they want better than anyone and suppliers can tell you what their preferences are around billing, delivery, etc. If you are not soliciting feedback from these three groups (and acting upon that feedback) then you are destined for failure. - Encourage
taking educated risks.
Without risk, there is generally little reward, so create a culture within your organization that encourages calculated risks. Give employees the freedom to make mistakes so that they can learn from them, but include a structure so that the organization learns from and improves on its mistakes. - Repeat
steps 1-6 constantly.
Keep reviewing the way the business is run and make adjustments. Industries change, economies change, the global marketplace changes, so your business needs to constantly review if it is doing everything it can to run efficiently and maximize the customer experience.
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