New Business Formation
The type of legal business structure you choose will depend on several factors and influence things like Liability, Taxation, Payroll, and Record Keeping. The key is to find the best fit for your organization’s current and future goals. It can prove difficult to move backwards in the event that you need to change your business structure once you’ve registered your organization, so be sure to give it some serious thought.
Types of business structures
- Sole Proprietorship
- Limited Liability Company (LLC)
- S Corporation
- C Corporation
- Partnerships
- Non-Profit
Benefits and Limitations
A one-person business owner.
BenefitsThe easiest and cheapest to form and report
Profits are taxed through your income
You are your own boss and you make all the decisions
Owner flexibility
Limitations
If something happens to you, the business dies
You do everything, unless you outsource specific functions
You have unlimited personal liability. You COULD lose all of your personal assets
Benefits
A business structure allowed by state statute that offers owners limited personal liability for the debts and actions of the company.
Benefits
You are taxed like a sole proprietor
You have more owner management flexibility
You have Limited Personal Liability
Limitations
Not all states currently allow it
Owners cannot have a salary
Benefits
Is a closely held corporation by the Internal Revenue Code of the United States federal income tax, where in the corporation is not taxed but the income or losses are distributed to the shareholders who are taxed personally
Benefits
You operate like a C-Corp but get the tax benefit of sole partnership
You have limited personal liability
Owners can have a salary
Limitations
You have to qualify to be an
S-Corp
You can have no more that 100
shareholders
Like a corporation, you have less
owner flexibility
Benefits
A corporation that, under US income tax law, is taxed separately from its owners
Benefits
The best part you have limited
personal liability
Can be easier to attract funding
Transfer of Ownership if an owner
leaves, the business lives on
Limitations
You are double taxed
Less owner flexibility than a partnership or sole proprietor
Benefits
Two or more people forming a business. In the more advanced view you will see that there are two types of partners, general and limited and you should know what the difference is.
BenefitYou are taxed through your income
Owner flexibility
You can share the workload and risk
Bringing a partner can complement
your skill set where you might fall
short
Limitations
The General Partner has unlimited
personal liability
When something happens to one
of the partners, the company may
go out of business
Can be difficult to attract funding
Benefit
If your business goal is more focused on impact than on profit, this might be the right structure for you
BenefitsWhen filed and approved as a 501(c)(3), you are considered tax exempt,
meaning all donations to
the organization by individuals are
tax deductible
Are typically protected from legal
liability
Limitations
Compared to other types of entities,
nonprofits can be more costly and
time-consuming to launch
Reporting requirements for non-
profits are much tougher than
those of other business structures, and
due to the nature of the organization are
generally under more scrutiny.
Benefits