My current location: Los Angeles, CA | Change location
Featured Legal Services
Wang, Hartmann, Gibbs & Cauley, P.L.C. Providing Exceptional Representation for Businesses. Call Today to Speak with Our Attorneys. 1-888-WHGCLaw (944-2529)
1-888-WHGCLaw

Small Business Taxes FAQ


Does incorporating a small business start-up offer tax breaks?

Keep in mind that most corporate tax benefits flow to profitable, established corporations, not to start-ups in their first few years. For example, corporations can offer more tax-flexible pension plans than sole proprietors or partnerships, but few start-ups have the cash flow needed to take advantage of these tax breaks.

Similarly, the ability to split income between a corporation and its owners -- thereby keeping some income in lower corporate tax brackets -- is effective only if the business is solidly profitable.

In addition, incorporating adds state fees, as well as legal and accounting charges. So unless you are sure that substantial profits will begin to roll in immediately, you may want to hold off incorporating your business.

Is it safe and sensible for me to keep my own books and file my own tax returns?

To keep your own books, consider using a check-register type computer program such as Quicken Home & Business or Quickbooks (by Intuit) to track your expenses. If you are doing your own tax return, use the companion program, TurboTax.

To make sure you're on the right track, it's a good idea to run your bookkeeping system by a savvy, small business tax pro. With just a few hours of work, he or she should help you avoid most common mistakes and show you how to dovetail your bookkeeping system with tax filing requirements.

When your business is firmly in the black, consider hiring a bookkeeper to take care of your day-to-day payables and receivables, and an outside tax pro to handle your heavier-duty tax work. Not only are a tax pro's fees a tax deductible business expense, but chances are your business will benefit if you put more of your time into running it and less into completing routine paperwork.

I am hiring people to help out with a big job coming up. Are they considered independent contractors or new employees?

If you will be telling your workers where, when, and how to do their jobs, you should treat them as employees, because that is how the IRS will classify them. Generally, you can treat workers as independent contractors only if they have their own businesses and offer their services to several clients -- for example, a specialty sign painter with his own shop or a freelancer who works for many clients. If in doubt, err on the side of treating workers as employees.

While classifying your workers as contractors can save you money in the short run (you don't have to pay the employer's share of payroll taxes or have an accountant keep records and file payroll tax forms), it may get you into big trouble if the IRS later audits you. The IRS may reclassify your "independent contractors" as employees and assess hefty back taxes, penalties, and interest against you.

Copyright 2006 Nolo


Featured Legal Services
Oswald & Yap, L.L.P.
Oswald & Yap, L.L.P. Serving Los Angeles and Orange Counties www.oswaldyaplaw.com
Experienced & Effective Representation: Business Law, Securities, Commercial Real Estate, Intellectual Property.
(888) 312-8923
Law Offices of Peter C. Bronstein Business and Corporate Law. Reasonable Rates. The Next Best Thing to Having Your Own Corporate Counsel. Call Now,
(310) 203-2249
Mark A. Brifman BUSINESS ATTORNEY WITH CORPORATE AND SMALL BUSINESS EXPERIENCE. PRACTICAL
(818) 920-2113
Sponsored Services
Do you run a small business?
Find the contracts, forms and agreements you need to run your small business. From incorporation to employment - save time and money for basic legal issues.
More Sponsored Services
Incorporate Online - Legalzoom:
Form a corporation or LLC quickly and easily. From LegalZoom, the #1 legal document service.
Get the benefits of a Delaware LLC/Corporation.
Experienced Incorporation Specialists, $50 Registered Agent Guaranteed for Life
Incorporate Online - Incorp.com
LLCs, Corporations, Corporate Dissolutions, Aged Shelf Corporations. We will beat any competitor's price on Registered Agent or Incorporation services!