QUESTION

What business structure is best for me?

Asked on Feb 24th, 2015 on Business Law - North Carolina
More details to this question:
I just brought my first T-Shirt heat press about a week ago so I'm still very much a novice at this point. I plan on trying to start selling some t-shirts when the summer gets here. I want to know which business structure should i make my company as. My biggest worry is the irs levying money from my business bank account simply because I personally owe the IRS money. I personally owe my state, as well as the federal government money... And I want to keep my personal debt away from my business. Is this possible? And if so, what is the best route of getting my tax ID, LLC, S-Corp, C-Corp, Sole Proprietorship etc? I honesty don't see myself making more than $1000 before the year is out with the company because I'm just launching it (clothing line)... Please take this into consideration when answering.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It is fairly simple to keep your personal assets free from any liabilities of your business, as the owners of business entities (corporations and llc's are examples of independent entities; sole proprietorships are not) are generally not personally responsible for the obligations of the business (provided the business is run property, for example does not commingle its finances with the owner's personal finances, observes formalities such as having board of directors meetings and elections, etc.)  However, a determined creditor can, one way or another, reach the assets of a business owned by an individual debtor, however it is structured.  Even though the creditor should not be able to directly access the assets of your business if it is a corporation or llc, he/she/it will be able to reach those assets by (a)  either causimg your interest in the business (for example, your stock in a corporation) be sold in order to satisfy your debt; and/or garnishing any money you take out of the business entity as your compensation.  Moreover, if you were to transfer any money to your business or for its benefit (for example, if you paid the business's rent out of your personal funds) while unable to pay your creditors, it could be considered a fraudulent conveyance for which the business would be liable. 
Answered on Feb 24th, 2015 at 1:07 PM

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