Delaware Corporation
Advantages and Disadvantages




Delaware Corporation Advantages and Disadvantages

Delaware Corporation advantages and disadvantages -Delaware is considered pro-business, which isn't something you find in all states. Indeed, Delaware takes business seriously. Consider Delaware's favorable tax climate. Its corporate tax rate is only 8.7% on net income. In addition, there's no sales tax or equipment tax. Delaware's Chancery Court is the international forum for hearing corporate disputes.

Should I Incoprorate in Delaware ?

A corporation, chartered by the state in which it is headquartered, is considered by law to be a unique entity, separate and apart from those who own it. A corporation can be taxed; it can be sued; it can enter into contractual agreements. The owners of a corporation are its shareholders. The shareholders elect a board of directors to oversee the major policies and decisions. The corporation has a life of its own and does not dissolve when ownership changes.

Advantages and Disadvantages:
Delaware Corporation

  • Shareholders have limited liability for the corporation's debts or judgments against the corporations.
  • Generally, shareholders can only be held accountable for their investment in stock of the company. (Note however, that officers can be held personally liable for their actions, such as the failure to withhold and pay employment taxes.)
  • Corporations can raise additional funds through the sale of stock.
  • A corporation may deduct the cost of benefits it provides to officers and employees.
  • Can elect S Corporation status if certain requirements are met. This election enables company to be taxed similar to a partnership.
  • A corporation pays 15% federal income tax on taxable income up to $50,000; 25% tax on income from $50,001 - $75,000; 34% tax on income from $75,001 - $100,000; 39% tax on income from $100,001 - $335,000; and 34% tax on income over $335,000.
  • A sole proprietor who filed a federal income tax return under the status of married, filing jointly, would pay 15% federal income tax on taxable income up to $35,800; 28% tax on income from $35,801 to 86,500; and 31% tax on income over $86,501.

Disadvantages of a Corporation

  • The process of incorporation requires more time and money than other forms of organization.
  • Corporations are monitored by federal, state and some local agencies, and as a result may have more paperwork to comply with regulations.
  • Incorporating may result in higher overall taxes. Dividends paid to shareholders are not deductible form business income, thus this income can be taxed twice.

Federal Tax Forms for Regular or "C" Corporations

  • Form 1120 or 1120-A: Corporation Income Tax Return
  • Form 1120-W Estimated Tax for Corporation
  • Form 8109-B Deposit Coupon
  • Form 4625 Depreciation



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Delaware's 2012 Business Tax Climate Ranks 12th

Delaware ranks 12th in the Tax Foundation's State Business Tax Climate Index. The Index compares the states in five areas of taxation that impact business: corporate taxes; individual income taxes; sales taxes; unemployment insurance taxes; and taxes on property, including residential and commercial property.

Tax Freedom Day Arrives on April 10 in Delaware

Tax Freedom Day is the day when Americans finally have earned enough money to pay off their total tax bill for the year. In 2011, Delaware taxpayers work until April 10 (ranked 21st highest nationally) to pay their total tax bill, 9 days after national Tax Freedom Day (April 12).

Delaware's State and Local Tax Burden Slightly Below National Average

Delaware's 2009 state and local tax burden of 9.6% of income is slightly below the national average of 9.8%. Delaware's tax burden has decreased overall from 9.8% (26th nationally) in 1977 to 9.6% (23rd nationally) in 2009. Delaware taxpayers pay $4,091 per capita in state and local taxes.

Reference - Tax Foundation
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