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If a corporation is done properly, it may limit your personal liability. A properly formed and maintained corporation may protect you from losing personal assets like your house, car and bank accounts. In the state of Illinois, if you do not have a corporation you will likely be personally liable or any actions done by your business.
For-Profit Corporations (S corporations and C corporations):
If you have a business, you may be interested in a “for profit corporation.” There are two main types of for profit corporations, “Subchapter S corporations” and “C corporations.” If you use a “Subchapter S corporation” you may be able to deduct corporate losses from your personal taxes, subject to advice from your accountant. In a “C Corporation,” the IRS treats the corporation as a separate taxpayer that files its own taxes. Each of these type of corporations has tax benefits and burdens which can be explained to you by an accountant.
Not-for-profit Corporations (501c3 corporations):
Not-for-profit corporations are an option for organizations that are pursuing certain religious, charitable, agriculture, or research goals. While Not-for-profit corporations give tax incentives that your accountant can discuss with you, not all corporations are eligible to become Not-for-profit corporations. In addition to the necessary charitable purpose of this type of corporation, a Not-for-profit corporation also needs to be accepted by the Internal Revenue Service (IRS) to get Federal tax benefits.
Limited Liability Corporations (LLC's):
Another option for a corporation is a Limited Liability Corporation (“LLC”). An LLC is different from a regular corporation because it may be treated as a partnership under federal law rather than as a corporation. Because an LLC may be treated as a partnership under federal civil procedure, the place where members of the LLC live can change which courts have jurisdiction over lawsuits. When members of an LLC live in a state In which a lawsuit is being filed, this may prevent a Federal lawsuit from being filed against the LLC. Instead, an LLC would be liable in the state where a member has domicile (domicile is a fancy legal word which in general refers to where a person lives, pays taxes, and resides ). This also means that there could be different statutes of limitation (timelines/deadlines) for lawsuits being brought against the corporation from different states. A longer statute of limitations means a longer window of liability for a business, and a shorter statute of limitations can reduce the window of liability. The laws about making LLC’s are a bit different from state to state. While in some states, LLC’s can be not-for-profit corporations, in Illinois LLC’s are reserved for commercial use.
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