People Are Corporations Too

At least in the '60s, the protesters were YOUNG and stupid. Not sure what these folks' excuse is.

In the ’60s, the protesters were at least young and clueless. Not sure what these folks’ excuse is.

 

You might not remember this, or have ever paid attention in the first place, and we try not to get too political on here anyway, but 4 years ago a lobbying group named Citizens United was the plaintiff in a big Supreme Court case. The group wanted to televise a film that was critical of a prominent Democrat (Hillary Clinton, if it matters.) The Federal Elections Commission said no, you can’t do that because it violates a 2002 law that forbids organizations such as corporations and unions from espousing such political speech within 2 months of a general election. (The passage of that 2002 law, by the way, is why some political commercials now end with the phrase “I’m Candidate X and I approved this message.”)

Citizens United said the 2002 law is malarkey, we’re still Americans here and free speech is free speech. Just because some people choose to organize themselves into a unit, they don’t vacate their right to support a political position or a candidate. People such as the imbeciles in the picture above can’t understand such a nuanced argument, so they resorted to the simplest slogans that could fit on a placard. Equating “corporations” with “people” was a popular mantra of the time, one intended to shock. How dare the Earth-poisoners at Monsanto or modern-day slavemasters at Walmart think they have any claim to flesh-and-blood personhood! (Why, they can get in line behind the unborn babies.) The folks making the comparison had never bothered to look at the etymology of the word “corporation”, or even understand the most basic principles of a corporation.

“Corporation” has the same root as the words “corpse”, “corporeal”, etc. It’s a body. A corporation is an artificial person, and not in the sense of a robot or a cyborg. It’s an entity in the eyes of the law, an entity created to facilitate business.

If corporations didn’t exist, every business would be run by a sole proprietor or a partnership. Those people could then be liable for debts beyond their personal ones. Put $20,000 of your own money into a business, incur a $150,000 loss when your supplier splits town and your customers cancel their orders, then spend the rest of your life with a negative net worth. Hey, you’d be just like those pathetic debt bloggers!

That’s why any ambitious business sets up as an entity that permits limited liability, as opposed to general liability. “Limited” means that as the owner, you’re only liable for what you put into the company. In the previous example, your losses max out at $20,000. It’s also why as an owner of a large corporation, which of course is what you are when you buy shares in Nokia or Alcatel-Lucent, you can’t lose more than your initial investment. No matter how badly the company performs. Procter & Gamble management isn’t going to call you and say, “Hey, Jennifer? Thanks a lot for the $6500 from your last stock purchase, that really helped out a lot. But we’re stretched this quarter, and I mean stretched. Turns out our new ‘tearless’ shampoo is blinding customers left and right. What I’m saying is, what you’ve forked over so far just isn’t going to cut it. Daddy needs another 5 large, and not tomorrow.”

If it’s good enough for multinationals, it should be good enough for you. Unless it’s run by a complete idiot, even the most modest auto repair shop or coffee bar will pay the licensing fee to the relevant state authority and register as a limited liability company or corporation. It’s a small up-front cost that saves you gigantically on taxes down the road. A business registered as anything less complex than a corporation pays both personal income tax and corporate tax, the worst of both worlds. With a limited liability company, you pay only corporate tax, which is typically going to be less than personal income tax.

Our tax code is famously arcane and nonsensical in places, but this is one twist they got right. If there was no added incentive for creating a business, no one would ever do so and the economy would remain static. You need to encourage people to take risks. That doesn’t mean covering their losses, as corporations go bankrupt all the time. It just means making it attractive for people to go into business. That way, if everything works out, they can a) sell goods and services that make customers happy and b) hire people to make/sell/lease/provide those goods and services.

The best part is that even just one person can incorporate. To keep this in language that’s legally and technically sound, you can create a corporation that’s coextensive with just you. You and the corporation are still separate entities as far as getting sued, representing one entity or the other in court, paying taxes, etc., but for practical purposes you’re one and the same. With all the benefits illustrated above. You still need to have a legitimate business behind this – financial accounting, audio post-production, furniture repair, gutter cleaning, tree surgery, whatever – but once you create a limited liability company you’ll be miles ahead of the suckers who can’t understand why life is so hard and why Uncle Sam takes an ever-increasing bite that renders forward movement impossible.

Embrace corporatehood. Start here. Chapter X.

Majority of the Tyranny

Founded c. 1775. Hope lost c. 2010.

We try not to get political here, but sometimes it’s impossible. So before we begin this week’s post, here’s some of our philosophy, without getting too detailed. These are not so much opinions as they are objective truths:

  • Governments should only provide what competition and a marketplace can’t – i.e., what everyone can benefit from, but which no private individual or business could receive a tangible return on were they to pay for it themselves. (Unlike governments, private agents have an incentive to reduce waste and increase efficiency – because they’re not using money blatantly confiscated from other people under penalty of death.) Which means governments should provide police, courts, a military, maybe some roads and not a lot else.
  • Taxpayer dollars are sacred and should be treated with the utmost of care.
  • Governments almost always do more harm than good.
  • Governments don’t and can’t create wealth. They can only take it from some and award it to others.
  • The higher the level of government, the greater the potential for damage and the greater the likelihood of inertia. It’s easier to reason with a county official than a state official than a federal official than a UN official.
  • Your job is not as critical to you as a politician’s is to him or her. Reelection is more important to a politician than any of the following: promoting individual freedom, increasing prosperity, fostering peace, curing disease, reducing and/or punishing crime. In other words, if a politician does something that seems illogical, it probably isn’t. It’s done with a nod to ultimately securing exposure, donations, or something that will hopefully result in more votes or the elimination of rivals.

If any of that sounds outlandish, let us know. Because this is what sounds outlandish to us:

The American Jobs and Closing Tax Loopholes Act of 2010. Like many other federal bills, this one’s title obscures more than it explains. You can read the 28-page summary here.

This bill punishes small businesspeople harder for committing the unforgivable, possibly racist and maybe even carbon-positive sin of trying to earn money without sucking at the ever-augmenting public teat.

In our new book (available in both physical and Kindle format on Amazon), we devote the final chapter to entrepreneurship – which is the only way to create lasting wealth. You really have to read the book (did we mention it’s also available at BN.com?), but in it we encourage you incorporate your small business as an S corporation – a special designation that gives you tax breaks single proprietors never experience. Setting up an S corporation costs only a few bucks but pays for itself many times over the course of your business. Or at least it did.

An S corporation lets you pay yourself a reasonable salary out of your profits, the remainder of which gets distributed among your corporation’s shareholders at the end of the year. This is NOT subject to self-employment tax, which is 15.3%.

The new law would affect anyone who has a professional services S corporation with fewer than 3 shareholders who actually have a hand in the company. In other words, one or 2 shareholders. In other words, people who would otherwise operate as a single proprietorship or a partnership – which are the most tax-disadvantaged ways to organize your business.

So if you’re an attorney, a recording engineer, a medical transcriptionist, a hairstylist, whatever – that all changes with the new law. It just becomes that much more difficult to operate, in an economic climate that isn’t exactly friendly in the first place.

People respond to incentives. This will encourage some people to simply give up their entrepreneurial dreams and go back to work for the stifling, soul-crushing man. It’ll encourage other people to get a little more creative with their business deductions. From the government’s perspective, this is wonderful – it’ll give all those new IRS agents something to do and someone to pester.

Here’s how your representative voted. The Senate is apparently set to give the House bill its imprimatur soon enough.

The Congressional Budget Office itself acknowledges that the bill would increase our already semi-comical deficit by $174 billion. (Oh, you think that’s cause for alarm? Look at you, you adorable little idealist. I bet you might even write a letter to your representative and senators, as if they read them or think your opinion matters.)

When is Congress holding its next hearing concerning whose nipple appeared on which TV broadcast? Or which baseball players injected what substances into their posteriors? Or which idiot thought the brake pedal on her Lexus was the one on the right? As long as it results in camera time for the politicians in question, who cares if it takes away from the business of actually freeing up the economy and letting capital and resources get allocated in the most efficient way?

But remember: it’s evil, greedy businessmen who are killing the country. Politicians and those committed to a life of public service are the real heroes.

(Thanks to Diane Kennedy of USATaxAid.com for drawing our attention to this horrid bill.)