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  • Other Added - Tax Traps To Avoid When Incorporating a Business

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    Incorporation Tax Trap #1: Goofy Liabilities

    If a shareholder transfers liabilities to a newly minted corporation and there’s no business purpose to su

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    As a general rule, you can incorporate your business with no tax cost as long as you contribute all of your business’s assets and liabilities to a corporation you control.

    A sole proprietor who incorporates his or her business, therefore, should be able to incorporate tax-free. So should a partnership. And a limited liability company that makes an election to be treated as a C corporation or as an S corporation should also be able to make these “incorporation” elections tax-free.

    But all rules, including general rules, can be broken. And when it comes to incorporating your business, three big tax traps await unwary business owners, managers and entrepreneurs.

    Incorporation Tax Trap #1: Goofy Liabilities

    If a shareholder transfers liabilities to a newly minted corporation and there’s no business purpose to sup

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    A sole proprietor who incorporates his or her business, therefore, should be able to incorporate tax-free. So should a partnership. And a limited liability company that makes an election to be treated as a C corporation or as an S corporation should also be able to make these “incorporation” elections tax-free.

    But all rules, including general rules, can be broken. And when it comes to incorporating your business, three big tax traps await unwary business owners, managers and entrepreneurs.

    Incorporation Tax Trap #1: Goofy Liabilities

    If a shareholder transfers liabilities to a newly minted corporation and there’s no business purpose to su

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    y that makes an election to be treated as a C corporation or as an S corporation should also be able to make these “incorporation” elections tax-free.

    But all rules, including general rules, can be broken. And when it comes to incorporating your business, three big tax traps await unwary business owners, managers and entrepreneurs.

    Incorporation Tax Trap #1: Goofy Liabilities

    If a shareholder transfers liabilities to a newly minted corporation and there’s no business purpose to su

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    , including general rules, can be broken. And when it comes to incorporating your business, three big tax traps await unwary business owners, managers and entrepreneurs.

    Incorporation Tax Trap #1: Goofy Liabilities

    If a shareholder transfers liabilities to a newly minted corporation and there’s no business purpose to su

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    Incorporation Tax Trap #1: Goofy Liabilities

    If a shareholder transfers liabilities to a newly minted corporation and there’s no business purpose to support all of the transfers or if the liabilities are transferred to avoid taxes, then all the transferred liabilities are treated as boot. And that can be a disaster because the boot can be taxed.

    In general, liabilities incurred in the normal course of a business’s activities should easily pass the “business purpose” and “no tax avoidance” tests. But if you transfer personal liabilities to a corporation (like a personal credit card balance), you’re in trouble. Similarly, if you transfer business liabilities that were really used to fund personal expenditures (like a business credit line drawn down to pay for a daughter’s college tuition), again, you’re in trouble.

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