Anna von Reitz
If you have “incorporated” your business, you have given it away to those who offered you a charter and the “benefits” of a charter, which include bankruptcy protection— mainly—- and the corporate veil, meaning that what you have in your incorporated business is all that you are putting at risk in conducting that business.
Except for very large businesses engaged in risky business none of this adds up to any advantage worth spitting on, but the members of the Bar Association have been soliciting and advising everyone to jump on board and “incorporate” everything from dog kennels to Mom and Pop convenience stores.
Why? Since it offers no actual and substantial benefit for the small fry?
The short answer is that it makes your assets subject to them and gives them an ownership interest in what you work for and create with no substantial risk to them in exchange.
Suddenly, you have to pay “federal income taxes” and any other taxes they assess. You have to maintain records and have those records instantly available for them to examine, because you don’t actually own your business anymore. You gave it to them in exchange for the “benefits” they offered —-purportedly, anyway.
Non-profit businesses are especially at risk. If you set up a non-profit and then decide that you want to “un-incorporate” it, you have to give your assets away to another non-profit (still under their thumb and forefinger) or give the assets to them outright.
No escape, or so they make it seem.
Everything that you worked for and believed that you owned, has via your own ignorance been “donated” to these charlatans and thieves. Your business, like you—- is just another PERSON in their System and they control and own everything in their System.
How do you exit this nightmare?
For most businesses, the answer is the same for your business as it is for you. You remove the name of the business to the jurisdiction of the land and soil — and permanently domicile it there, so that you are no longer considered to be engaged in “commerce” but in “international trade”.
For the vast majority of small businesses, this is sufficient to discourage the thieves, if you are resolute in your defense of your position. You claim the name of your business as an Assumed Name and that’s that. The truth of the matter is that there are always bigger fish to fry and they can’t waste the resources tagging down small operators—especially not well-informed small operators who bare their teeth and present Mandatory FSIA Notices upon first contact.
And you revoke any “election to pay” federal income taxes on your small independent business, just as you revoke your “personal” election to pay by writing to both the Commissioner of the IRS and the Commissioner of the Internal Revenue Service and informing them that your business is naturally exempt and you are revoking your election to pay these federal taxes and waiving any benefit of federal incorporation.
There are notable exceptions. If you are involved in the interstate sale or transport of alcohol, tobacco or firearms products, you are stuck. The Federales have a lock on the interstate (not the intrastate) manufacture, transport and sale of these products.
If you are a C-Corp subject to SEC rules and selling shares to the public, you are stuck. The Federales have a lock on the international/interstate sale of these kinds of security instruments. This is the Big Deal about “going public”—- you subject yourself to their foreign Territorial jurisdiction and are assumed to be acting in commerce when you “register” with the SEC and Stock Exchanges.
The good news is that the vast majority of Mom and Pop businesses and non-profit organizations that never owed federal taxes and were never subject to federal reporting requirements in the first place, can correct their mistakes and re-organize as private, unincorporated businesses.
For most businesses that are not involved in any particularly risky, controversial, or dangerous activities for which liability may be a big issue, leaving behind federal taxation and reporting and regulation is a blessing and no loss. The rule of thumb for most businesses is that if you have less than a million and a half in profits every year, there is no likely advantage to incorporation at all.
Buy some extra private insurance if you want to, with the savings reaped from claiming your exemption from federal taxes and reporting and regulation requirements.