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Home: Video University Forums: Marketing & Business:
Incorporation ???

 

 


Carolyn Hudgins
New User

Sep 22, 2005, 2:06 AM

Post #1 of 4 (1625 views)
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Incorporation ??? Can't Post

Hi everyone I'm new to this forum but not new to the business. I been in business since 2000.
Now I am thinking about incorporating my business. I would like to be shielded against any personal threats as much as possible. I do know that it's not fool proof, but I just wanted other opinions. Trying to do my homework, and I see it has pros and cons, but I need some advice.
Thanks for any help you can give.


hlanden
The Dean / Moderator


Sep 24, 2005, 6:58 AM

Post #2 of 4 (1613 views)
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Re: [Carolyn Hudgins] Incorporation ??? [In reply to] Can't Post

Hi Carolyn,

Welcome to VU forums!

More than anything else this is an accounting question. When I was producing videos full time, my accountant and I looked at the question of whether to incorporate about every two years. We could never find a good case for doing so. So I have remained a sole proprietorship. And even now that my primary business is publishing, the cons still outweigh the pros as far as incorporating. There's a lot more paperwork which continues even after the corporation is closed. The accounting costs are somewhat higher and the tax savings for me at least were non-existant.

Whether your legal liabilities are reduced is a question for an attorney. You can find non-profit Attorney's for Artists Associations in most states. If you want help finding one. let me know.

A smart accountant who specializes in small business is a good investment that will repay his or her fee many times over.

Hal
Professional Video Producer course


DVXGalt
Veteran


Sep 25, 2005, 4:19 AM

Post #3 of 4 (1592 views)
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Re: [Carolyn Hudgins] Incorporation ??? [In reply to] Can't Post

Definitely talk to a lawyer. Taxes and other filings add to the cost of doing business, and you still should have insurance. If you get bad accounting advice, there can be even more costs. But it does give you some additional legal protection, as long as you do things correctly. You could also look into an LLC, and should definitely consider sub-S status if you incorporate.


maxheadspace
Novice


Oct 16, 2005, 7:09 PM

Post #4 of 4 (1440 views)
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Re: [Carolyn Hudgins] Incorporation ??? [In reply to] Can't Post

Wink I can't give you legal advice, but having been affiliated with both incorporated and unincorporated businesses, I think you have the right frame of mind, Carolyn, regarding incorporation. A main benefit from incorporating is the shield it provides you for liability, not as a means of easing your tax burden. If you incorporate as a C corporation, you would likely be taxed twice, once as the corporation, and once as yourself. If I recall correctly, an S corporation allows profits to pass directly through the corporation to you, so that you only pay taxes once, but your coproration has to be entirely US owned for S incorporation. If sued, your corporation supposedly takes the brunt of the lawsuit rather than you personally. I believe in theory if you are not incorporated and lose a major lawsuit, your personal possessions could be at risk. And incorporation may not be an absolute guarantee that your personal assets are safe. Factors you have to weigh in making this decision. If all you do is wedding videos, you may feel that there is little risk of being sued. If you do major commercial film productions, with music rights, location releases, talent release forms, and a myriad of legal concerns, you may decide that you need added protection. Once you figure out your risk, you may conclude that simply opting for an insurance plan is sufficient to protect your assets. If your assets are significant enough to worry about, it's probably worth talking with an attorney, which is what I recommend.

Good luck, Carolyn!
Max.
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