Business Structures Explained

Everything You Need to Know to Choose the Right Entity for Your Business.

What is a Business Structure?

A business structure is the legal framework of your business, impacting everything from taxes to personal liability and management style. Choosing the right structure is crucial for your success and can directly affect how well your business grows and protects your assets.

An LLC (Limited Liability Company) is a popular choice, offering flexibility, tax advantages, and strong personal liability protection. Whether you choose an LLC, corporation, sole proprietorship, or nonprofit, New Business Filing is here to help you navigate the process!

Which One is Right for You?

A CLOSER LOOK AT BUSINESS STRUCTURES

Understanding the types of business entities is crucial for determining the best structure for your business. The main types include Sole Proprietorship, Partnership, Limited Liability Company (LLC), Corporation (both S Corp and C Corp), and Nonprofit. Each entity type offers different levels of liability protection, tax advantages, and operational flexibility.

Choosing the right one impacts your business's growth, tax obligations, and legal protections. Whether you're aiming for simplicity with a sole proprietorship or need the liability protection of an LLC, selecting the correct entity is the foundation of. for simplicity with a sole proprietorship or need the liability protection of an LLC, selecting the correct entity is the foundation of your business's success.

LLC (Limited Liability Company)

WHAT YOU NEED TO KNOW

An LLC, or Limited Liability Company, combines the benefits of a corporation and a sole proprietorship/ partnership. It offers personal liability protection, safeguarding your personal assets from business debts and legal claims.

LLCs provide tax advantages by allowing profits to pass through to the owner's personal income without corporate taxes. This structure is easy to set up and manage, with fewer formalities than a corporation. Choosing an LLC is a smart move for protecting your assets while enjoying tax benefits and operational flexibility.

Corporation

WHAT YOU NEED TO KNOW

A corporation is a legal entity that is separate from its owners, providing limited liability protection to its shareholders. It can raise capital by issuing stocks and has a more complex structure with strict regulatory and reporting requirements.

Corporations can designate one of two ways to be taxed: S Corporation (S Corp) and C Corporation (C Corp). An S Corp allows profits to pass through to the shareholders' personal income, avoiding double taxation but is limited to 100 shareholders. A C Corp, on the other hand, faces double taxation where the company's profits are taxed, and shareholders also pay taxes on dividends, but it can have unlimited shareholders and is preferred for larger businesses.

S Corporation

allows profits to pass through to the shareholders' personal income, avoiding double taxation but is limited to 100 shareholders

C Corporation

faces double taxation where the company's profits are taxed, and shareholders also pay taxes on dividends

Sole Proprietorship

WHAT YOU NEED TO KNOW

A sole proprietor is someone who runs their own business alone. This setup is easy and gives full control. The owner is responsible for all business debts, meaning personal assets like their car or house can be at risk. It's also harder to get funding from banks and may lead to higher personal taxes on business income.

Sole proprietors can operate under their personal name or obtain a trade name (also known as a fictitious name, assumed name or DBA) to operate under another name. Most sole proprietors choose a trade name that gives their customers an idea of the type of business they conduct.

Partnership

WHAT YOU NEED TO KNOW

A partnership is a business structure where two or more people share ownership and operate the business together. Partners contribute money, property, labor, or skill, and share in the profits and losses of the business. Partnerships offer shared decision-making and resources, but partners are also jointly liable for the business's financial and legal responsibilities.

Nonprofit

WHAT YOU NEED TO KNOW

A nonprofit organization is a type of entity that operates for purposes other than generating profit for its owners or shareholders. Its primary goal is to serve the public interest, such as providing educational, charitable, religious, or other community-focused services.

Nonprofits can receive tax-exempt status from the IRS, meaning they do not pay federal income taxes on the money they raise. Any surplus revenues are reinvested into the organization to further its mission rather than being distributed as profits. Nonprofits are often eligible for grants and donations, which can be tax-deductible for the donors.

Business Structures: Sole Proprietorship, LLC, Corporation

Sole Proprietorship
LLC
(Limited Liability Company)
Corporation
Ownership Owned and operated by one individual Owned by one or more members (owners) Owned by shareholders managed by directors
Liability Unlimited personal liability Limited personal liability Limited personal liability for shareholders
Taxation Taxed at individual tax rates Flexible tax options: passthrough or corporate Double taxation: corporate profits and dividends
Management Owner has complete control Flexible management structure Structured management hierarchy
Credibility Perceived as less established Generally perceived as credible Seen as highly credible and stable
Operational Formalities Minimal formalities Less formalities compared to corporations More formalities and regulatory requirements
Growth Potential Limited scalability Suitable for small to mediumsized businesses Suitable for larger enterprises
Decision Making Sole proprietor makes all decisions Owners (members) and/or managers make decisions Board of directors and officers make decisions

Key Considerations for Choosing the Optimal Business Structure for Long-Term Success

Unlocking your business's potential starts with choosing the right structure. This crucial decision affects your tax liabilities, funding options, and personal asset protection. Imagine a thriving business that maximizes profits and ensures long-term success—this begins with selecting the best business structure. Here are some factors to consider:

  • Legal Liability: Different structures offer varying levels of personal liability protection. For example, an LLC or corporation can protect your personal assets from business debts and liabilities, while a sole proprietorship does not.
  • Tax Implications: The choice of business structure affects how your business is taxed. Some structures, like S corporations, offer potential tax benefits, while others, like sole proprietorships, may result in higher personal tax liabilities.
  • Funding and Investment: Certain business structures make it easier to attract investors or secure loans. For instance, corporations can issue stock to raise capital, while sole proprietorships and partnerships may have more limited funding options.
  • Management and Control: Your business structure determines how your business is managed and who has control. Sole proprietorships offer full control to the owner, while corporations require a board of directors and have more complex management structures.
  • Compliance and Regulatory Requirements: Different business structures have different legal and regulatory requirements. Corporations typically face more rigorous recordkeeping, reporting, and compliance obligations compared to simpler structures like sole proprietorships or LLCs.
  • Operational Flexibility: Some structures provide greater flexibility in operations and decisionmaking. For example, LLCs offer a flexible management structure and fewer formalities compared to corporations.
  • Continuity and Succession: The longevity and transferability of your business can depend on its structure. Corporations and LLCs generally continue to exist even if the owner leaves or passes away, whereas a sole proprietorship ceases to exist without the owner
  • Cost: The cost of forming and maintaining a business structure varies. Sole proprietorships, partnerships and LLCs are generally cheaper to establish and maintain, while corporations may involve higher initial and ongoing costs.
  • Brand and Credibility: The business structure can affect your brand's perception and credibility. For instance, corporations and LLCs are often viewed as more professional or stable compared to sole proprietorships.
  • Strategic Goals: Your long-term business goals and strategies, such as plans for expansion, mergers, or selling the business, can influence the best structure for your needs.

Let Business Filing Handle the Paper work

Choosing us to file your business ensures a seamless, efficient, and hassle-free experience. Much like an accountant handles your taxes, we take care of your business filings to ensure everything is done accurately and quickly. Our professional filing service is dedicated to ensuring that all your paperwork is completed correctly, allowing you to focus on what you do best—running and growing your business.

Additionally, we offer ongoing services and access to a secure portal where you can manage and retrieve your documents anytime. Trust us to handle the complexities of business formation so you can focus on your success.