Choosing a structure for your business is an important step, and requires doing your homework. Not all structures as suited for all people and all businesses. Basic structure types are sole proprietorship, partnership, limited liability company and corpor-ations. Variations within these structures occur in different states according to various state laws, but are all very close.

Sole proprietorship – the most common type of structure is the sole proprietorship. In this structure, the businesses is in essence another name for the business owner. All profits belong to the owner, and all debts and liabilities are the responsibility of the owner.

This is the simplest type of business structure to set up and simple bookkeeping procedures can be used. The upside to this business type is being taxed only once. The owner’s profits are taxed as income. Most sole proprietorship owners save receipts on all purchases and look for ways to declare items as business expenses to keep taxes low. On the downside, if the business is sued the owner is liable, and if the business acquires debt is personal debt to the owner.

Partnerships – a partnership is just like a sole proprietorship but with more than one individual. Most business professionals recommend, rather than a partnership, dividing shares in a corporation or limited liability company to keep things neater and less confusing and to offset personal liability.
Limited Liability Company – or LLC, actually a very simple form of corporation in most states. It limits the liability of the partners or shareholders and is formed for a specific purpose, such as operating as a business. It is seen as a separate legal entity legally and offers taxation benefits to owners of small companies that are not always available to corporations.

The LLC offers, as the name implies, limited liability. If the company is found liable in a lawsuit only the assets of the LLC can be attached, whereas in a partnership or sole proprietorship the owner’s assets are at risk. The LLC offers many of the benefits of a corporation, with a simpler structure.
Corporation – the corporate structure offers the most protection for shareholders.

It is also the most complicated type of structure to set up. While an owner can set the corporation up on his own, most people hire lawyers to assist in the process. Corporations are regulated by the states in which they are registered and by the federal government. While an individual can form a corporation and own all of the stock himself, he must have officers and a board of directors, and these individuals are tasked with ensuring that the corporation follows all state and federal laws and regulations.

Advantages to a corporation include legal protection from debt and liability, but disadvantages include double taxation – the salary of the owner as well as corporate profits are taxed, and less flexibility of action.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Tagged with:

Filed under: Articles • Legalities • Start a Business

Like this post? Subscribe to my RSS feed and get loads more!