Unlike many other states, California does not give physicians the option of forming a standard C-Corporation or other common professional corporations such as an S-Corporations or an LLC (Limited Liability Corporation). Physicians who incorporate must create a California professional medical corporation.

Should a physician form an LLC?

As previously mentioned, In some states, one being California, professionals, including physicians, are prohibited from operating as LLCs. They have to form a professional corporation instead. So depending on where you live, you may not even have the LLC option available to you and will need to form a PC.

Can a medical practice be an S corporation?

One way medical practices may be abele to avoid double taxation is through the creation of an “S” corporation. The new federal tax law may also allow for different tax consequences for a medical corporation that should be reviewed by experienced professionals.

Who can be a shareholder in a medical corporation?

Pursuant to California Corporations Code section 13401.5, the other 49% of shareholders are required to be a: (1) licensed doctor of podiatric medicine; (2) licensed psychologist; (3) registered nurse; (4) licensed optometrist; (5) licensed marriage and family therapist; (6) licensed clinical social worker; (7) …

Can salaried physicians incorporate?

If you’re in a group practice, you can still incorporate, but some arrangements can limit access to benefits like the small business tax rate. No: If you’re being paid a salary as an employee, such as a salaried resident physician, incorporation is not possible for you right now.

How do I start a corporation?

How to start a corporation

1. Select a corporate name.
2. Draft and file your articles of incorporation.
3. Create corporate bylaws.
4. Draft a shareholders’ agreement.
5. Maintain corporate minutes.
6. Issue shares of stock.
7. Obtain an Employer Identification Number.
8. Select a tax election.

Can a PA own their own practice in California?

Did you know physician assistants in California can own a medical practice? California law provides for: “a physician assistant professional corporation where a PA can perform professional services.” PAs must own from 51-100% shares of their corporation and hire a physician to serve as their supervising physician.

How to set up a PLLC for a medical practice?

You can set up your medical practice PLLC by filing documents with your state office and paying a filing fee. Choose a business name. You can base your name on the names of the owners, or you can create a fictitious business name.

What do you need to know about a PLLC?

Learn more… A professional limited liability company (PLLC) shields its owners from personal liability for the business debts and other obligations. In many states, licensed professionals cannot create a regular limited liability company, so the PLLC was created just for them.

Why do doctors need to incorporate their business?

Incorporating to Reduce Liability and to Save Taxes. From time to time I hear doctors talk about incorporating in order to decrease liability and taxes. Almost without fail, the doctor overestimates the decrease in liability and taxes to be paid, especially once the costs of incorporation are taken into account.

Can a professional form a PLLC in California?

Not every state lets professionals form a PLLC. Instead, you might be able to form a regular LLC or a different business form. Check with your Secretary of State or Corporations Department. For example, California only allows professionals to form a registered limited liability partnership (RLLP) or a professional corporation (PC).[2]