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How to choose the right business structure

On Behalf of | Oct 19, 2023 | Business & Commercial Law

Selecting the appropriate business structure is an important decision for any budding entrepreneur. Making the right choice can save you money, offer legal protection and ensure smooth operations.

It is helpful to know the key factors to consider when determining the right business structure for your venture.

Business structure options

August 2023 saw 466,163 business formation applications. Sole proprietorships are suitable for small, one-person businesses. They are simple to form and manage, but they expose you to unlimited personal liability. Partnerships involve two or more individuals sharing ownership and responsibility. They can be general (equal responsibilities and liabilities) or limited (one partner with more control and liability).

An LLC combines the liability protection of a corporation with the flexibility of a partnership. Corporations are separate legal entities that offer strong liability protection. An S Corporation is a variation of the standard corporation that avoids double taxation by passing profits and losses to shareholders’ individual tax returns.

Tax implications

Sole proprietors report business income on their personal tax returns. LLCs and S Corporations offer pass-through taxation, which can be advantageous for small businesses. Corporations face double taxation at the corporate and individual levels.

Flexibility and administrative requirements

Sole proprietorships and partnerships are relatively simple to set up and maintain. Corporations require more paperwork and formalities. LLCs strike a balance between simplicity and liability protection.

Long-term goals

If you plan to seek outside investors or eventually go public, a corporation might be the right choice. If you want flexibility and simplicity, an LLC or partnership might be more suitable.

Each business structure has advantages and disadvantages, so evaluate your specific needs to make an informed decision and set your business on the path to success.