Incorporating in California is one of the best ways to protect personal assets from creditors and litigators. By operating a business as an incorporated entity in California, the risk of entangling in lawsuits can be diminished. The chances for having an IRS audit can be lowered. Business operating losses may also be deducted.
The primary advantage of forming a corporation in California is personal liability protection. Incorporation in California helps to separate personal assets from that of the business. There is the possibility of law suits against a California Corporation. If so, there are legal provisions and UCC codes to protect owners, shareholders, directors and employees from personal liability. In a sole proprietorship or general partnership, the owners are directly responsible for the debts and obligations of the company. The California Corporation has a separate legal entity from its owners. So if the company has a debt or claim from a law suit, the California Corporation is responsible for it, not the owner.
Another advantage of incorporation is easily transferable ownership, as long as it does not conflict with securities law. A corporation in California works as an independent body, and continues its operations after the owner's demise. The death of an owner or the desire of the owner to sell his interest will be incorporated by the California Corporation.
Tax reduction is possible under certain circumstances. Corporations in California are eligible for more tax deductions than businesses that are not incorporated. An exemption from annual minimum franchise tax is available for newly incorporated or qualified corporations during their first year of business. When compared to the self-employed, the audit rate for Corporations in California is also much lower.
California is corporate-friendly and promotes all kinds of businesses. The conditions in other states are not as strong or favorable to business owners and corporate officers as in California.
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