Tax Issues When Establishing a Business Structure

While launching a firm, you should think about the best business structure. Each structure, such as sole proprietorships, partnerships, limited liability corporations, or incorporating as a C-Corporation or S-Corporation, has advantages and disadvantages. You should choose the company structure that best meets your objectives, goals, and available resources. While not every structure is suited for you, here are some basic information about five primary kinds of company structures to assist you make your decision:

Ownership is limited to one person.

The majority of small enterprises fall into this category, which is the simplest to establish owing to its basic and informal structure. All of the company’s assets and income are owned by a single individual. Losses and earnings are reported on the owner’s personal income tax return.

The company is not a distinct, recognizable entity from the person in a single proprietorship. The owner will be held accountable for the company’s debts.

Partnership

Partnerships are comparable to sole proprietorships in that at least two people own them. Like a sole proprietorship, the company and its owners are indistinguishable in eyes of the law. A Partnership Agreement specifies how partners will distribute earnings and liabilities. Partnerships do not have to pay taxes. Instead, individual partners declare their portion of the partnership’s revenues or losses.

There are many kinds of partnership agreements:

Unless otherwise stated in the Partnership Agreement, a general partnership assumes equal interests among the members.

A limited partnership restricts the owners’ liability as well as their power to make management choices.

A joint venture is similar to a general partnership, except it is restricted in time or to a specific project.

C-Corporation

A C-Corporation is a separate entity under the law: it is a distinct company and so may be taxed, sued, and enter contractual agreements. Shareholders (i.e., owners) have little culpability for the obligations of the business, but executives may be held liable for their own conduct. Although businesses have specific powers (for example, they may obtain funds via stocks), they are costly to establish, tightly regulated, and can pay higher taxes. C-Corporations often need the services of a knowledgeable attorney.

S-Corporation

An S-corporate Corporation’s structure is substantially similar to that of a C-Corporation. Both are regarded separate legal entities from their owners (shareholders) and must follow the same corporate procedures. There are two distinctions: first, S-Corporations are taxed differently; second, S-Corporations restrict the number of prospective shareholders to 100, while C-Corporations allow for an unlimited number of stockholders. Please see our pages on How an S-Corporation is Taxed and the Differences Between S-Corporations and C-Corporations for additional information.

Limited Liability Corporation

An LLC is a kind of hybrid structure. It, like a corporation, gives limited liability to its owners but enables members to choose how they are taxed. LLCs are not regarded as distinct corporate entities. Members are usually able to choose their own business entity categorization. They may opt to be regarded as a single member LLC, as partners in an LLC, or as a corporation.

LLCs have a number of benefits. Starting an LLC is often less expensive than forming a S or C-Corp, and the registration procedure is less onerous. When it comes to profit sharing among members, LCCs have less constraints. Members determine how to divide earnings and losses among themselves via an operating agreement.

LLCs only exist for a short duration. When a member quits the LLC, it dissolves. The LLC operating agreement may prohibit this, or the surviving founders can just restructure the LLC. Moreover, for tax reasons, all members of an LLC are deemed self-employed. They must contribute on their own to things like Medicare and Social Security.