Can I Change My Business Structure

Do you want to change your type of business? It`s easier than you think. In this article, we`ll look at why companies choose to make a change and how you can make the change based on the type of business you`re switching to and which one you`re switching to. In most cases, a company moves from a less complex structure to a more complex structure (for example, from a sole proprietorship to a business). You`ll also need to check with your state government if you can change the structure of your business to the type you want. And states have different filing requirements to change their structure. Your business needs change over time. When it comes to the structure of your business, it`s ideal to choose the right one from your first business day, but you may have decided to keep things simple at first. It`s often difficult to anticipate your company`s needs on the road. What worked in the early years of your business may not be the best for your revenue and business growth. Change of ownership: The addition of owners or the departure of owners may indicate a change in the structure of the business. For example, if a sole proprietor wants to have a second owner, the company must change its structure to become a partnership, LLC or Corporation/S Corporation. Depending on the new structure of your business, you may need to submit additional documents. For example, if you`re moving from a sole proprietorship to an LLC, you`ll need to submit organizational items.

When the company starts to grow and it`s time to keep the profits within the company to fund that growth, the election of S-Corp can be withdrawn. “For many entrepreneurs, this can be an interesting way to build their business. In the early days of the business, when there isn`t much profit, it may be easier to consolidate all of the company`s income (or losses) on your personal returns and those of your co-founders. When the company starts to grow and it`s time to keep the profits within the company to fund that growth, the election of S-Corp can be withdrawn,” Sims said. Find out if a change of business unit improves your risk profile, helps you attract investors or reduces your corporate taxes. The situation is different if you want to change a business unit from one formalized type to another, for example when you move from a partnership or limited liability company to a company. To do this, you usually need to start a new business and then dissolve the old business unit, but check with your secretary of state, as some will allow you to transform the business instead. The transfer of assets and liabilities from the old corporation to the new one is usually done by one of three methods: by direct transfer of assets and liabilities from the old entity to the new corporation, distribution of assets and liabilities to the owners, which they then transfer to the new corporation, or contribution of company shares or LLC to the corporation. The three exchanges exchange interest on the capital of the former company for shares of the company in the current company.

The former partnership or LLC is considered terminated with the liquidation of its assets. Note that although the conversion is technically tax-free, the profits made by the process, such as: a reduced liability, but must be reported and possibly taxed. A business can keep some of its income (keep it in business), which reduces the tax bill for businesses. There is no reason to stick to a business structure that no longer works. In fact, the process is easier than you probably think. For example, imagine that you and two friends run a software development company as an LLC, which is generally considered a partnership under IRS tax law. Your business ends the year with a profit of $100,000. You and your two partners are each responsible for paying tax on your share of this profit. Assuming an equal partnership, where each person owns one-third of the business, this means that each partner must report $33,333.33 in business income on their taxes.

“There is no way to recognize all the profits made in the business this year as personal income. This can be a nasty surprise if you have a great fiscal year, but haven`t planned for the extra taxes you`ll owe,” Sims said. Contrary to popular belief, your business unit is not set in stone. It is common to move from a simple structure, such as a sole proprietorship or partnership, to an LLC or corporation. Some entrepreneurs make a change for tax reasons or because they acquire another business or merge with another company. Here are a few cases where changing your business unit could be a good step. A sole proprietorship is a business with a single owner who pays income tax on the owner`s personal tax return. This is the standard type of business and the easiest to get started.