A corporation is a legal entity that is separate and distinct from its owners. In the United States, corporations are organized under state law according to articles of incorporation. However, both the Federal and state governments may form corporations for commercial and governmental activities. Federally chartered banks are designated as national associations or national trust and savings associations. According to law, there must be some indication in the name of the corporation that it is incorporated. For example, "The Business Leadership Development Corporation" and "Javazona Cafes, Incorporated" (abbreviated to "Javazona Cafes, Inc.") are two incorporated legal entities.
An enterprise is a group of activities intended to produce income for profit as a business, as a not-for-profit association, or as a government agency. An enterprise can consist of one or more legal entities.
In its simplest form, a company is a group of individuals who are associates or companions, as opposed to a group of individuals assembled with no distinct purpose. A team is a tightly coupled group working coherently with mutual accountability. In effect, a company is set of teams working together with common purpose.
The term "company" is used in the theatrical profession to describe a group of actors with their accompanying equipment. The term is also used to describe a group of individuals operating a business as employees and owners as juristic persons, regardless of legal form. In the United States, the term "company" can be associated with partnerships, limited liability companies, and corporations. A limited liability company that has a single owner is "disregarded" by the Internal Revenue Service if the owner elects Letselschade Advocaat Rotterdam that the entity be taxed as a sole proprietorship. However, in some states and countries, the term "company" is synonymous with "corporation" - meaning that it has a legal form separate from its owners. Hence, "American Express Company" and "Ford Motor Company" are corporations. In some countries, the term "associates (and company)" is synonymous with "partnership," and "anonymous society" is synonymous with "corporation."
The earliest form of companies were unincorporated associations, followed later by partnerships. Individual corporations were initially established by governmental charter. However, the concept of a joint stock company was created over time, which had individual owners with unlimited liability. A joint stock company was similar to a partnership, but had certain rights distinct from the individual owners. A modern corporation is in effect a joint stock company with limited liability of the individual owners.
A tradename is often used to establish a brand separate from the legal name of a sole proprietorship, partnership, limited liability company, or corporation. For example, "BLD" is a tradename of The Business Leadership Development Corporation; "Achieve Plan B" and "Vitaprise" are tradenames of Nigel A.L. Brooks. Tradenames are common in franchise and licensee systems, where different legal entities are part of the same system, and thus share a common identity, such as Enterprise Rent-A-Truck, Holiday Inn, McDonald's, and Subway. The tradename is owned by the franchisor or licensor, but can be used by the franchisees and licensees. However, whenever business is done in a name other than a legal name, it is fictitious and must be registered as a certified "doing business name" in whatever jurisdictions are required under state law. For example, if Nigel A.L. Brooks is doing business as "Vitaprise," that name must be registered as fictitious in each jurisdiction where it is used.
A business is formed to earn a profit from revenues from commissions, dividends, fees, interest, rents, royalties, and sales less expenses from costs of revenue and operating items, and capital gains from investments. An entity such as a sole proprietorship, partnership, limited liability company, or corporation may be formed, organized, or incorporated for the purpose of conducting business before revenue is earned. As such the entity is separate from but related to the business enterprise. A venture is a start-up or early stage enterprise (as opposed to a hobby), which may be classified as a "development stage entity" because it has little or no income. Its future may be uncertain until the business concept has been proven.
The business becomes established when there is a commitment from the owners to earning revenue as an ongoing concern, and predictable patterns among the constituencies start to appear. Thus a business enterprise can be established much later than when the holding entity for it was formed. The entity can be changed as conditions dictate, without changing the nature of the business enterprise. For example, the initial business entity may be a limited liability company organized in Arizona, but later changed to a corporation incorporated in Delaware. Assets of the enterprise and associated revenue streams can be sold separately from the entity, or the entire entity itself can be sold. Similarly, assets and revenue streams, and entire entities can be acquired.
Regardless of the marketing efforts of the management of an enterprise and its legal form, its fate is ultimately determined by the frequency, recency, location, and value of the transactions of its customers based upon their needs and wants. Such transactions are in turn are influenced by the behaviors of employees, regulators, competitors, and market trends in general.
Operating enterprises is an enterpriship (entrepreneurship, leadership, and management) competency.
Thailand does not have a real property tax system and, for the time being, there are two local taxes applicable to people who own immovable property.
The first tax is the Local Development Tax imposed upon people who either own or possess land. This tax rate varies according to the estimated land value as appraised by the local authorities. Allowances may be granted if the owner utilizes the land for personal dwellings, animal husbandry and/or the cultivation of crops. The extent of these allowances depends upon the location of the land. It is said that the rates are so low that officials don't usually bother to collect on a yearly basis. This tax is also levied on houses, buildings or any other improvements built on the land.
Then there is the House and Land Tax, which applies to the owner of a house, building, structure or land that is either rented or put to commercial use. Taxable property under the House and Land Tax includes houses not occupied by the owner, industrial and commercial buildings and land used in connection therewith. The tax rate is 12.5% of the estimated annual rental value of the property or the actual rental value, whichever is the highest. Owner occupied residences are exempt from this tax. Note, however, that this exemption applies only to individuals, not to juristic persons, because juristic persons are deemed to use their property commercially. In other words, a company that purchases an office has to pay the tax, even if the company uses the premises to serve its own offices. There is a project to replace the House and Land Tax with a real property tax within 2 years, wherein the rate would be from 0.01% up to 1% of the estimated value of the property, depending upon the property type. The rate would be 0.01% on agricultural land, 0.1% on personal residences; 0.5% on commercial buildings and 1% on undeveloped land.
Note that it is possible to mitigate the cost of the House and Land Tax. If, for example, you rent condominium in Pattaya fully furnished, you may choose to execute two agreements with your lessee. The first agreement will be for the rental of the condominium unit and the second agreement will be for the rental of the furniture and/or additional services (if any are provided). This will reduce the cost of the House and Land tax because the tax only applies to the yearly rent received from renting out the property, but not on the rental income received from renting out the furniture, etc.
If the rental agreements are executed between two individuals, there is no VAT applicable on the furniture or service agreements. If, however, the owner of the condominium is a company and if the company is registered for the VAT, then the VAT will apply at 7% on the furniture or service agreements executed between the lessor and the lessee.
For example, if you rent out condominium in Pattaya fully furnished for a rental fee of THE 60,000 per month and only make one agreement with your Lessee, then you'll have to pay a yearly House and Land Tax as follows: 60,000 x 12 x 12.5% = THE 90,000. You can save on taxes legally by simply breaking the rental fee down into two agreements. For example, the rental fees may be THE 35,000 per month for renting out the condominium and THE 25,000 for renting out the furniture. If you break the rent down in this way, the Land and House Tax will be only THE 35,000 x 12 x 12.5%= THE 52,500. If, however, the owner of the condominium is a company registered for VAT, then it will have to apply the VAT to the furniture lease agreement. Even so, the company owning the property will save money on taxes, because the Lessee supports the cost of the VAT.
The matter of the withholding tax also applies when renting out. If an individual leases a property to another individual in Thailand, the payment of the rent is not subject to withholding taxes. However, when a company is renting a property, then the company will have to deduct a withholding tax from the amount of the rent paid to the owner (whether an individual or a company). The amount withheld must be paid to the tax administration on behalf of the owner who will use the withholding tax as a tax credit against the yearly income tax. The rate of the withholding tax is 5% in Thailand. Note that when a rental fee is paid outside Thailand, the amount of the tax to be withheld from the payment is 15%. Furthermore, if you are a non-resident offered a rental guarantee by a developer, never forget to take the withholding tax into account when calculating your potential income.