Perini-Hegarty & Associates provides assistance to those who wish to form a corporation in Massachusetts.
As with other states, Massachusetts has general business corporation laws that allow virtually anyone to obtain a charter
to conduct most businesses.
The process involves
verification that the corporate name that the person wishes to use for the proposed company is available, that the name be
reserved with the Corporations Division of the Secretary of the Commonwealth, and that the "Articles of Incorporation"
or "Certificate of Organization" are filed with the Commonwealth, along with required filing fees.
For federal tax purposes, corporations are
taxed under either Subchapter C or Subchapter S of the Internal Revenue Code. A corporation is automatically taxed
under Subchapter C (double taxation) unless it qualifies and receives IRS approval to be taxed under
a different set of IRC provisions as an S corporation. Under those rules, the corporate level tax is ignored and the S Corporation’s
tax liability is reported on the shareholder’s income tax return. The corporation designations "C"
and "S" refer only to how the corporation is TAXED. It has nothing to
do with the legalities used to set up the corporation.
In addition to the standard "C"
or "S" corporation, Limited Liability Company (an "LLC") or Limited Liability
Partnership (an "LLP") offer many of the same benefits as the traditional corporation, with some unique advantages.
Below is a brief checklist of activities that should be considered when planning to
form a business in Massachusetts. Please note that the filing fees mentioned below are based on the 2017 published fees of
the Commonwealth of Massachusetts and are subject to change.