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This section of the forum is for discussing the business and finance issues of the t-shirt industry. Which business structure to use (sole proprietor, LLC, S Corp, etc), how to handle billing, where to register your business and get the proper licensing, etc.

What Legal Entity To Choose??



 
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Old September 24th, 2007 Sep 24, 2007 8:13:45 PM -   #1 (permalink)
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Default What Legal Entity To Choose??

Was Curious To Know Since We All Are In The Same Field What Legal Entity Some Of You Have Chosen To Become?? Does It Matter What State You Are From?? I Am Famliliar With Soel Proprietorships And Llcs And Corps And The Advantages And Disadvanatges But Just Wanted To Know What Some Of The More Experienced Users In The Tshirt Industry Have Chosen??
Thanks In Advance For The Help
 
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Old September 25th, 2007 Sep 25, 2007 9:58:22 AM -   #2 (permalink)
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Default Re: What Legal Entity To Choose??

Check out this article: Starting a new business in the USA? Here are things to consider LLC, Corp, Sole Prop
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Old October 15th, 2007 Oct 15, 2007 4:28:23 PM -   #3 (permalink)
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Default Re: What Legal Entity To Choose??

If you are mainly going to be running a simple one-man operation, I would go with sole proprietorship. You probably already know the costs and requirements of setting up a corporation, so I won't push what you already know. I am going to be setting up as a sole proprietor, as I will run the business by myself, and be funding at least 90% of funds. As I start to grow, however, I will consider switching to a LLC. We'll see how it goes.
 
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Old October 15th, 2007 Oct 15, 2007 6:14:56 PM -   #4 (permalink)
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Default Re: What Legal Entity To Choose??

I also considered starting as a sole-proprietor, but decided on an LLC just for the peace of mind of minimizing my liability.
I would hate to lose a chunk of my personal assets due to my business venture.

Granted, LLC is not a complete safety blanket against losing my personal assets in a settlement, but there's certainly more protection than in a sole proprietorship.

One thing that concerned me about the LLC is the franchise tax that I would be forced to pay in TEXAS (my homestate). However, I found that would not apply to me for at least a while now, so the LLC wound up being MY PERSONAL best option.

BTW, your location/state DEFINITELY MATTERS. Please familiarize yourself with how local law/regulations/taxes might help you choose the right option for YOU.
 
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Old October 15th, 2007 Oct 15, 2007 7:56:53 PM -   #5 (permalink)
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Default Re: What Legal Entity To Choose??

Poe-Boy,
I'm also from San Antonio I just got my DBA where would i go to get a resale/or tax exempt or any other license/forms to complete, to get my biz off the ground?
 
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Old October 16th, 2007 Oct 16, 2007 12:23:11 PM -   #6 (permalink)
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Default Re: What Legal Entity To Choose??

I'm a sole proprietor, but have been thinking for a while about changing to LLC. I've thought of doing it online - has anyone tried that? At what stage do you think the business is big enough that it makes sense to change to a LLC? I've been wondering about that a lot!
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Old October 16th, 2007 Oct 16, 2007 12:34:32 PM -   #7 (permalink)
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Default Re: What Legal Entity To Choose??

Quote:
Originally Posted by orale tees
Poe-Boy,
I'm also from San Antonio I just got my DBA where would i go to get a resale/or tax exempt or any other license/forms to complete, to get my biz off the ground?

The following site is a TREASURE of info on just that subject for those of us in TEXAS.

I'm still going through it all my self.

Hope it helps...here is the link: Sales Tax and Your New Business

The links contained in this main page should take you to EVERYTHING you need to know and get done specific to Texas business.
 
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Old March 24th, 2008 Mar 24, 2008 2:47:08 PM -   #8 (permalink)
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Default Re: What Legal Entity To Choose??

Im just in the beggining stages of starting my t-shirt business and have already applied for a LLC. Have I made a mistake or am I ok?!?!
 
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Old March 28th, 2008 Mar 28, 2008 3:00:23 PM -   #9 (permalink)
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Default Re: What Legal Entity To Choose??

I'm not an expert so I called an accountant. I was told that initially being a sole proprietor was fine if I wasn't going to have employees. If you have employees or start making really good money switch to a LLC to limit your liabilities and use the tax advantages
 
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Old March 28th, 2008 Mar 28, 2008 3:29:17 PM -   #10 (permalink)
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Default Re: What Legal Entity To Choose??

llc's are perfect no need for a corporation but more protection than being a sole propreitorship
 
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Old March 28th, 2008 Mar 28, 2008 4:01:44 PM -   #11 (permalink)
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Default Re: What Legal Entity To Choose??

I started out as a sole proprietor but have changed to an LLC, I think in some ways it gives you more protection and tax breaks
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Old March 28th, 2008 Mar 28, 2008 4:36:15 PM -   #12 (permalink)
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Default Re: What Legal Entity To Choose??

Quote:
Originally Posted by markthenewguy
llc's are perfect no need for a corporation but more protection than being a sole propreitorship
I wouldn't go as far as saying they are perfect, considering almost every state has different laws for them.

I would rather have a C-Corporation, but don't have enough knowledge or enough finances to go that route yet. I'm sticking with an LLC for now and will eventually start the process to switch over as I expand.
 
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Old March 30th, 2008 Mar 30, 2008 8:13:32 PM -   #13 (permalink)
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Default Re: What Legal Entity To Choose??

We use a C corp for the following reasons:

Tax years doesn't have to be a calendar year: Our tax year ends June 30. This gives us more time to work with our CPA and he isn't busy at that time of year.
Retained Earnings: We don't have to take everything as taxable income
Benefit Plans: Nearly all our benefits are tax free. The C corp offers the most options for this. The benefits must be offered to all employees and be documented, but if you are the only one then you are good to go.
Dividends: No payroll tax on them.
Recognized Entity: Just what it says, the IRS recognizes the C corp as its own entity, not so with an LLC.


There are many other benefits and each situation is different. You really need to talk to a tax guy, a CPA, and a Lawyer before you start.
 
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Old March 30th, 2008 Mar 30, 2008 8:31:10 PM -   #14 (permalink)
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Default Re: What Legal Entity To Choose??

Quote:
Originally Posted by hobby
I'm not an expert so I called an accountant. I was told that initially being a sole proprietor was fine if I wasn't going to have employees. If you have employees or start making really good money switch to a LLC to limit your liabilities and use the tax advantages

We too are going by our cpa's thoughts.. on when its to our advantage to become a corp..
there are tax benifits to each type.. and an accountant is your best source to figure out which one is best.
for you at what time.
 
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Old April 3rd, 2008 Apr 3, 2008 2:58:01 PM -   #15 (permalink)
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Default Re: What Legal Entity To Choose??

C corps are subject to double taxation though.

the corporation pays tax on its income, then the stockholders/owners pay tax on the dividends/salary they get from the corporation

in an LLC the company doesn't file its own return you just pay the taxes on your personal return
 
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