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BizLawyerNate
BizLawyerNate, Attorney
Category: Business Law
Satisfied Customers: 10685
Experience:  7 Years of Legal Experience Representing Small Business Owners
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I would like to incorporate a family business, which has been

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I would like to incorporate a family business, which has been ran as a sole propietorship the last decade...

How can I start this paperwork?

If anyone knows, please let me know.

Thanks for your time.
Thank you for your question and welcome to Just Answer.

Before I suggest what business form is best, XXXXX XXXXX of business is it?
Customer: replied 5 years ago.
It is a small automotive shop with one employee on the paperwork (the mechanic)...

I was thinking about either an LLC, S or C Corporation, but not sure which is best..

An LLC would be best because it requires fewer formalities than a corporation. Depending on what your accountant advises, you would either file taxes as a sole proprietorship would or you can elect S status and be treated the same as an S-corp for tax purposes.

Forming the LLC is relatively easy. You must file two forms, the Articles of Organization (LLC-1) and the Certificate of Information (LLC-12). Those forms (with instructions) can be found here

http://www.sos.ca.gov/business/be/forms.htm#llc

You also need to apply for an FEIN from the IRS for the business. You will need this to file taxes and to open a bank account.

http://www.irs.gov/businesses/small/article/0,,id=102767,00.html

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Thanks!

Nathan
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