ALL >> Legal >> View Article
Choosing A Legal Structure For Your Business

There are crucial steps to achieve when starting a business. Creating a business plan, finding a location, financing, and obtaining the necessary paperwork are all fundamental. Another important task however, is the determination of the legal structure and form of a future business. Knowing whether or not to be a sole-proprietorship, LLC, partnership, or corporation is going to impact future federal and state tax obligations. Strategically choosing a legal structure is in the best interest of a future business owner. But first, the right questions need to be asked.
These questions will help clarify which type of structure to choose. Once they’re answered, take a look at the several types of legal structures below to find out which one suits your business, as well as what’s required:
What is the vision of the nature and size of your business?
How many individuals will own equity in the company?
What level of structure and formality are you willing and capable of dealing with?
What is the expected profit or loss of the business?
Will your company be vulnerable to lawsuits?
Do you need ...
... to re-invest earnings into the business?
Do you understand the tax implications of the different ownership structures?
Types of ownership structures:
Sole Proprietorship
First-time business owners usually start off with this type of structure because of its simplicity. A sole proprietorship is an extension of the business owner and profits flow into the owner’s tax return without being taxed at the business level. Having a sole proprietorship gives the owner control, but they inherit unlimited liability and become legally responsible for all debts against the business.
There’s not much you need to do to start, besides obtaining a DBA and abiding by any applicable licensing requirements. This is the least expensive form of ownership and it’s also the easiest to dissolve if things fall through.
Partnership
Entering into a partnership means two or more people share ownership of a business. They are relatively easy to set up, just like a sole proprietorship. Even though it’s not required, it’s extremely encouraged to have a partnership agreement which highlights each partner’s present and future contributions, their involvement, and arrangements for a possible liquidation.
Each partner is taxed on the income they receive from the partnership and not on a business level. All partners pay taxes on their share of the business income on their own personal tax returns. Much like a Sole Proprietorship, in a Partnership each partner inherits unlimited liability and become legally responsible for all debts against the business.
Corporation
Corporations are an entirely different entity. Unlike a partnership or sole proprietorship, corporations can be taxed. The owners of a corporation are the shareholders. The shareholders elect a board of directors who is responsible for the management, policies, and major decisions of the organization.
There are certain benefits to incorporating; including tax benefits and protection from lawsuits and liabilities. Also, with a Sub-Chapter S Corporation there are additional tax benefits.
Limited Liability Company (LLC)
The hybrid of the bunch is the LLC. Forming an LLC combines the best of a corporation and a partnership, providing the limited liability of a corporation and the tax flexibility of a partnership. The owners are considered members. Normally, the duration of an LLC is determined when the organization papers are filed. Just like in a partnership, an agreement is not required, but advised to clearly set guidelines for members.
Choosing the appropriate legal structure is imperative. But after careful consideration, the decision will be clear. So whether you choose to be a corporation or even a partnership, make sure to do the research or look for resources to help you get started with your business.
We The People is a nationally recognized directory which assists customers in locating independently owned and operated offices for various legal document preparation needs. The We the People brand has been the most trusted name in Legal Document Preparation for more than 25 years. If you need help with uncontested legal matters, our directory will help you find an office that can assist you with the preparation / typing of legal documents as well as walk you through the process.
Add Comment
Legal Articles
1. Bringing Your Loved Ones To The Uk: Your Guide To The Skilled Worker Dependant VisaAuthor: Conroy Baker
2. How Long Does Llp Registration Take? Timeline Explained
Author: Jishan Khan
3. Starting A Business In Pune? 7 Essential Online Registrations You Shouldn’t Miss!
Author: Startupporta Business Services
4. Top Materials We Use In Our Best Custom Cnc Machining Parts
Author: YuYao QiDi Plastic Mold Factory
5. Why Every Business Needs A Corporate Lawyer In Dubai
Author: Dr. Hassan Elhais
6. Potential Benefits Of Hiring Minnesota Truck Accident Lawyers
Author: sussmanlaw
7. Conroy Baker Ltd.- Your Dedicated Uk Personal Immigration Lawyers In London
Author: Conroy Baker
8. Apply For Australia Pr Visa From India In 2025
Author: Atul
9. Self-deporting Facts And Consequences
Author: Berd & Klauss, PLLC
10. Best Loan Settlement Company In Delhi
Author: loanrelief
11. How Legal Experts Assist In Energy And Resource Industry Compliance
Author: Haider
12. How To Issue A Legal Notice To Your Spouse For Divorce: A Complete Guide By Vrinlegal
Author: vrinlegal
13. The Essential Elements Of A Contract: Building Blocks Of Legal Agreements
Author: John Rame
14. Dreaming Of Joining Your Partner In The Uk? Here's Your Guide To The Uk Spouse Visa!
Author: The SmartMove2UK
15. Family Lawyers In Saskatoon: Guiding You Through The Most Personal Legal Matters In Life
Author: John Smith