Legal Structure Pros and Cons

A limited liability company or LLC is a hybrid corporate structure that provides the limited legal liability of a corporation and the operational flexibility of a partnership or sole proprietorship. However, the formation is more complex and formal than that of a partnership. Unique to the LLC is that members of the corporation can choose their method of taxation. You have the option of being taxed as a sole proprietorship, partnership, S corporation or corporation C. Whatever tax structure you prefer or a future buyer will prefer, you can apply it to the LLC. The most common types of businesses include sole proprietorships, partnerships, limited liability companies, corporations and cooperatives. Here you will find more information about each type of legal structure. Starting a business is one step at a time. A big step you will take is to determine the structure of your business. But this is a step you need to take so carefully. Before you take the plunge and make a decision about your company`s business structure, learn about the different entities like the back of your hand – and the pros and cons of each. When you start your business, you need to decide what type of business entity you will be: sole proprietorship, partnership, limited liability company (LLC), corporation, or non-profit.

The type of business structure you choose depends on several factors, including the type of workforce in your organization, the purpose of the business, etc. Any legal structure for business entities has its pros and cons, so it`s best to eliminate those that simply wouldn`t suit your organization before you decide. Deciding which business structure to use requires considering your type of business and what you want it to look like. If the business is just you, a sole proprietorship might suffice. However, if you`re worried about personal liability and personal asset and tax risk, consider an LLC, C Corp, or S Corp. Before making decisions about the business structure, weigh the pros and cons of each, compare each entity, and do your homework ahead of time. After all, determining the structure of your business is an important decision. All companies must adopt a legal configuration that defines the rights and obligations of participants in the ownership, control, personal liability, life and financial structure of the company. The form of the business determines which tax form to file and what the legal responsibilities of the business and owners are. Pros and cons: LLCs are generally easy to form, have no limit when it comes to the number of members, and have limited liability (i.e.

members are not personally liable for business debts). But that`s not all the sun and rainbow with an LLC. You will also need to file additional tax forms, will not be able to issue shares, and will have a limited lifespan (need to dissolve or reform when an owner joins or leaves). No matter which one you choose, each of the different types of businesses has advantages and disadvantages. Everyone has nuances that require research and reflection. Each government-approved institution offers protection for personal liability and investor contributions, but the level of protection and contributions available vary. The sole proprietorship is one of the most common legal structures for small businesses. Many popular businesses started as sole proprietorships and eventually grew into multi-million dollar businesses.

Some examples: Invisible in corporate structures so far in our descriptions, S Corporation requires all shareholders and officers of the company to take a «reasonable» salary, even if the company does not make a profit. This could be a problem for new business owners. It is not uncommon to make a loss rather than a profit in the first three years of operation. The law treats a corporation as a separate entity from its owners. He has his own legal rights, regardless of who owns it – he can sue, be sued, own and sell property, and sell property rights in the form of shares. Business filing fees vary by state and fee category. For example, in New York, S Corporation and C Corporation`s fee is $130, while the non-profit fee is $75. One of the first steps in starting a business is choosing the structure of the business. There are many business structures available for new business owners, from partnering to starting a business. Each business structure has its own legal and tax implications. Your business goals play an important role in determining the best business structure.

In a partnership, two or more people share ownership of a single business. As with property, the law does not distinguish between the business and its owners. The partners should have a legal agreement that determines how decisions will be made, profits will be shared, disputes will be resolved, how future partners will be included in the partnership, how partners can be bought out, or what steps will be taken to dissolve the partnership if necessary. Not thrilled with the idea of paying taxes twice with a C Corp? An S Corp could be your solution. In an LLC, you can have one owner or an unlimited number of owners. Also known as members, owners are different from shareholders or shareholders. You don`t need to elect board members or chief operating officers, or buy/trade shares for ownership percentages. Because LLCs are commercial entities, states often require members to hold annual meetings and record minutes of meetings. However, you often don`t need to create the same amount of financial reports and legal documents as businesses.