Except you have a financial person giving legal advise. No competent  
lawyer is going to agree. It is a simple fact that a corporation  
provides the highest liability protection for an individual of the  
available business structures.

-Matt

On Jun 3, 2009, at 12:09 AM, RickG wrote:

> Makes sense to me...thanks! -RickG
>
> On Tue, Jun 2, 2009 at 11:32 PM, Marlon K. Schafer <[email protected] 
> > wrote:
>> Let me get my accountant wife to answer that one.  Here's Melissa....
>>
>> Well, for us it's not yet in our best interest to incorporate.   
>> Sometimes
>> the reason for incorporating is to help insulate the individual  
>> from a
>> lawsuit - but usually if the corp is sued, they also sue the owner  
>> of the
>> corp.  I agree with you about the S-Corp - the income from an S- 
>> Corp is
>> picked up on your personal return so there aren't usually as many  
>> advantages
>> when doing tax planning.  We have not incorporated because the cost  
>> of being
>> a corp (accounting, legal, another set of books, more time on  
>> Melissa's part
>> to work on the books...) is greater to us right now than the  
>> benefits.  I
>> see it as something that we will probably need to do in the future  
>> as our
>> income increases and we need to do more tax planning.  Hope that  
>> helps.....
>> Melissa
>>
>> There ya have it!
>> marlon
>>
>> ----- Original Message -----
>> From: "RickG" <[email protected]>
>> To: "WISPA General List" <[email protected]>
>> Sent: Monday, May 25, 2009 12:02 PM
>> Subject: [WISPA] Legal Entity - which type? Was: Quesiton on Funding
>> /Financing / Capital Availability
>>
>>
>> Ha! Another interesting topic! In the past, when doing business for
>> myself, I legally filed as a sole-proprietor. When I got into the  
>> WISP
>> business, for a multitude of reasons, I became an "S-Corp". After
>> filing my taxes, it seems to be much simpler and possibly more
>> advantageous to just be a sole-proprietor. But that goes against all
>> advise I receive.
>> Marlon, I'm actually surprised that you are a sole-proprietor. What
>> benefits have you found by remaining so?
>> -RickG
>>
>> On Mon, May 25, 2009 at 11:54 AM, Marlon K. Schafer
>> <[email protected]> wrote:
>>> One more thing. I don't agree with your definitions per se'.
>>>
>>> We all have businesses. A proprietorship is a TYPE of business. We  
>>> are a
>>> proprietorship because I'm not incorporated (incorporating is over  
>>> rated
>>> and
>>> expensive to do right). I'm still a business though....
>>>
>>> http://en.wikipedia.org/wiki/Business
>>>
>>> http://en.wikipedia.org/wiki/Sole_proprietorship
>>>
>>> http://en.wikipedia.org/wiki/Asset
>>>
>>> marlon
>>>
>>> ----- Original Message -----
>>> From: "Charles Wu" <[email protected]>
>>> To: "WISPA General List" <[email protected]>
>>> Sent: Sunday, May 24, 2009 10:03 PM
>>> Subject: Re: [WISPA] Quesiton on Funding / Financing / Capital
>>> Availability
>>>
>>>
>>>> Hi Marlon,
>>>>
>>>> I think it's appropriate to make a few definitions and  
>>>> distinctions on
>>>> things so everyone is on the same page
>>>>
>>>> Specifically, for purposes of making my point, I define
>>>>
>>>> Proprietorship: A commercial activity engaged in as a means of  
>>>> livelihood
>>>> or profit
>>>>
>>>> Business: A unique system of processes and procedures that  
>>>> documents and
>>>> codifies a specific method of proprietorship
>>>>
>>>> Asset: cash, inventory, equipment, infrastructure, customer  
>>>> contracts,
>>>> brand, marketing, etc
>>>>
>>>>> Grin. Sure it is. That's what a LOT of small business people do.  
>>>>> It's
>>>>> also kind of common for doctors, dentists, plumbers etc....  
>>>>> Sometimes it
>>>>> sucks,
>>>>
>>>> Now, everything you stated above is just a method of  
>>>> proprietorship, and
>>>> in most cases, from a sale perspective, a proprietorships isn't  
>>>> worth
>>>> anything more than the depreciated value of its assets
>>>>
>>>> Say you were buying out the local plumber's office -- what would  
>>>> he have
>>>> of value? His truck? Some old tools? A customer list / brand  
>>>> perhaps
>>>> (but the reality of things is that customers do business with him  
>>>> because
>>>> of him, and if you bought him out and he moved out of town, those
>>>> customers would probably go back to being on the open market)
>>>>
>>>> Now, in comparing the WISP 'proprietorship' vs. the plumber, it's  
>>>> worth
>>>> noting that the WISP is somewhat unique in that it results in the
>>>> creation
>>>> of an independent asset that holds onto a lot of value (e.g., the
>>>> recurring revenue and everything that goes to support it); in  
>>>> many ways,
>>>> this is akin to real-estate
>>>>
>>>>> Not
>>>>> everyone out there even wants to get that big (if I had a nickle  
>>>>> for
>>>>> every
>>>>> business owner that's told me the most fun they had and the most  
>>>>> money
>>>>> they
>>>>> made was when it was just them, no employees......) But then  
>>>>> again,
>>>>> that's
>>>>> one of the really cool things about this buisness, it's big  
>>>>> enough and
>>>>> flexible enough to allow many different business models and  
>>>>> operator
>>>>> dreams
>>>>> to bear fuit!
>>>>
>>>> True...and you have the added benefit of building an asset that  
>>>> has value
>>>> (be happy we're not plumbers =)
>>>>
>>>> -Charles
>>>>
>>>>
>>>>
>>>>
>>>>
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