Re: Quick Contractor Startup

Subject: Re: Quick Contractor Startup
From: David Neeley <dbneeley -at- gmail -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Wed, 23 Feb 2005 15:10:11 -0600


Barry,

Unless he were to employ others or unless the potential clients
suggest it, there is not likely to be a reason for incorporation for
some time. As you are likely aware, most new small businesses are done
as "subchapter S" so they can avoid double taxation...which means that
for tax purposes they are still operating as an individual.

In addition, the so-called "limited liability" a corporation affords
is definitely limited--mostly to those who are not officers and
principals nor involved in the activities that may subject him to
liability to begin with! In a one-person corporation, none of that is
true and he would remain liable for his actions.

It occasionally happens when a given client will expect to deal with
corporations. Usually, though, even in that case you can simply give
them a federal employer ID number and be done with it. Usually, these
cases are because the corporations may well be skittish about whether
someone may actually qualify as "employee" rather than "independent
contractor." Thus, an employer ID coupled with a written contract can
usually finesse that part, too.

In all cases, though, it is extremely good advice to establish and
keep *very* good books and records.

Another resource is to find the nearest SBDC (Small Business
Development Center). These centers are contracted with the SBA and
often offer classes and considerable help in establishing a small
business. There are also considerable resources downloadable from the
SBA. See, for example: http://www.sba.gov/library/forms.html for a
compendium of sample forms of all sorts--including contractor
agreements. Also, at http://www.sba.gov/library/pubs.html there are
more than 200 downloadable articles covering all sorts of startup and
operational issues...including the form of business to select and why,
among many others.

David


>
> You may well want to incorporate. Your accountant will be able to
> recommend a decent attorney to help you with this. (Get an accountant
> to recommend an attorney and not the other way around, in my
> experience.)

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References:
Quick Contractor Startup: From: Bryan Johnson
Re: Quick Contractor Startup: From: Barry Campbell

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