[sdinenno]

I've been in the process of starting a landscaping business for about nine months. Up until now, I've been operating as a sole proprietor under my own name. But I am going to file a fictitious name and I'm wondering if I should also incorporate my business at the same time. What's the best company structure to operate under?

Stuart

[start2finish]

"But I am going to file a fictitious name"



??????

[sdinenno]

Originally posted by start2finish
"But I am going to file a fictitious name"



??????

What's puzzling you, start? You don't have to be incorporated to file a DBA name (as far as I know).

[start2finish]

you don't need to do anything special to be a DBA, just fill out papers at the bank, insurance, and file the following years taxes. Simple enough.

as for incorporating there are many issues to consider, a CPA or tax attorney would be best suited to assess your situation.

[sdinenno]

Originally posted by start2finish


as for incorporating there are many issues to consider, a CPA or tax attorney would be best suited to assess your situation.

I agree. But I was hoping to at least hear from some landscapers as to what company structure works best for them and why.

[familyguy]

we are an llc because we need to be flexible as we are a partnership. llc's are basically dba's but are allowed to have the benefit of corporate shielding and tax benefits. if you lose your shirt you "in theory" don't have to lose your house too. llc is what it states though, limited liability. i am sure in the event of a catastrophe, lawyers could penetrate my corporate shielding like a knife through butter. however, for us, the ability to be flexible in our set-up is more important. the more important issue for most folks is the tax benefits. in a republican controlled system, corporations fare best.

I am no CPA but I think my grasp of the total picture is close. I almost didn't post because I am no expert but sometimes a little information leads to more and better information with some investigation. So, for what it is worth, that is my 2 cents.

[HardDaysKnight]

Originally posted by start2finish
"But I am going to file a fictitious name"



??????

I had the same question as Start2finish had. A DBA is
your name doing business as an assumed name, ficticious
made me think for a minute, but it works. If you are just
starting out I don't think you need to go as far as INC.
That's jmo.

[jwholden]

The best person to talk to about this matter is an attorney. No, it won't be cheap, but it just may keep you from losing your house and life savings to your business. I highly recommend you seek a good accountant as well.

[sdinenno]

Originally posted by HardDaysKnight
I had the same question as Start2finish had. A DBA is
your name doing business as an assumed name, ficticious
made me think for a minute, but it works. If you are just
starting out I don't think you need to go as far as INC.
That's jmo.

In some states, a DBA name filing is referred to as a fictitious name registration.

I'd like to keep things simple and I'd rather not INC at this point, unless there is some tremendous tax advantage to doing so.