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If I want to start a business, should I first set up a corporation?

There are several considerations when making such a decision. The first advantage of incorporating is that it provides a limit to the liability of an individual shareholder. Generally, the shareholders are only risking the value of their shares in the corporation and the shareholder loans that have been made to the corporation. The same can not be said for a sole proprietor, who is risking every personal asset that he or she owns when they own their business personally.

Another important factor to consider is the tax advantage of incorporating. For example, there are certain tax rate reductions available for qualified small business Canadian corporations.

Other advantages to incorporating include: the continuity of life as the corporation can not die, the transferability of the shareholder’s interests and the ability to raise capital.

Whether you set up a corporation depends upon the circumstances. It is a very complicated question that requires an analysis of all the facts. There are instances whereby it is better to delay incorporating.

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The general opinions expressed herein are for information purposes only and are not to be relied on. Individuals are encouraged to seek legal advice as it relates to their specific fact scenario to ensure they are fully aware of their legal rights and obligations.

Thorne and Thorne
Barristers & Solicitors
legal@thorneandthorne.ca