Business Structure: How to Choose the Right One

When starting a new business, one of the most important decisions you will make is choosing the right business structure. Your business structure determines how the company will be organized and managed, as well as its legal and tax obligations. It requires careful consideration to ensure that you choose the best option for your long-term plans.

Choosing the wrong business structure could impact your personal property, demand money from you or limit your access to financing options. Additionally, it can affect how much you pay in IRS taxes and what percentage of your business profits it'll take. As such, there are many considerations including factors like liability protection, taxation laws, and operational flexibility that come into play when selecting a business structure.

At this point, you may be wondering about the different types of business structures available to entrepreneurs today. In this article, we've outlined several common business structure options along with their pros and cons so that you can make an informed decision for your new venture.

Business structure options are largely creations of state law, with minor variations in each state. The most common models include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. Understanding the pros and cons of each business structure is crucial for entrepreneurs looking to start a new venture or restructure their existing business. Let's dive deeper into the different types of business structures and determine which one is best for your business needs.

A sole proprietorship is the simplest business structure that allows an individual to own and operate an unincorporated business. As the sole owner, this structure reports business profits on their individual tax return. While it may seem easy to set up, there are important factors to consider when deciding if a sole proprietorship is the right choice for your business.

A partnership is an unincorporated business owned by multiple owners. The businesses profits and losses are shared among the partners, and the tax returns are filed under the partners' individual names. Common partnership types include general partnerships, limited partnerships, limited liability partnerships (LLPs), and limited liability limited partnerships (LLLPs). Understanding the different types of partnerships can help you choose the best structure for your business needs.

If you're starting a business, you'll need to choose a business structure. One popular option is a limited liability company (LLC). This type of hybrid business structure offers personal liability protection for its owners, known as members, at the member level while also offering tax benefits at the corporate level. Keep reading to learn more about LLCs and if they could be the right choice for your business.

An S corporation is a type of business structure that allows for-profit businesses with up to 100 shareholders to avoid paying federal income tax. Instead, the profits and losses are passed through to the shareholder's tax returns. However, it doesn't meet IRS residency requirements, so if you have a green card you can't form an S corporation. This structure also provides limited liability protection for its shareholders.

A C corporation is a business structure that offers limited liability to its shareholders, meaning they are not personally responsible for the business's debts. It allows for an unlimited number of shareholders and multiple classes of stock to be issued. However, switching business structures can be tricky and pricey, so it's important to decide early on which structure is best for your business on an individual basis.

When it comes to choosing a business structure, it's important to consider your tolerance for risk to personal assets. Sole proprietorship and general partnership creditors can go after your personal property if the business's debts aren't paid, while limited partnerships limit partners' liability. Limited liability partnerships and corporations limit shareholders' liability, but personal guarantees may be required for a business loan. It all depends on how you want your business to interact with parties seeking to collect damages or get their money back, and how great of a chance there is that moneys involved in professional activities might result in firms debts.

When it comes to how the IRS taxes your business profits, there are a few things to consider depending on your business structure. Sole proprietorships and partnerships are considered pass-through entities, meaning the profits are passed directly to the owners' individual returns at tax time. The IRS views LLCs as either pass-through entities or separate entities, depending on how they elect to be taxed. Corporations, on the other hand, are taxed at the corporate level and then shareholders pay taxes on their after-tax income. Ultimately, it's important to understand your options and make informed decisions about how you want your business profits to be taxed.

When it comes to business structure, the level of formality in your management team depends on your company's direction and ownership. Multiple owners may require a more involved structuring, typically governed by an operating agreement that specifies roles for both members and nonmembers. In the event of a partner retiring or a disabled declaring bankruptcy, the LLC structure generally provides more protection than other business structures. However, the level of formality ultimately depends on your specific needs and preferences.