When you start a business, you must decide on a legal struc:ture
for it. Usually you'll choose either a sole proprietorship, a
partnership, a limited liability company (LLC), or a corporation.
(Also, some businesses choose to operate as cooperatives.) There's
no right or wrong choice that fits everyone. Your job is to understand
how each legal structure works and then pick the one that best
meets your needs. The best choice isn't always obvious. You may,
after reading this section, decide to seek some guidance from
professionals.
For many small businesses, the best initial choice is either a
sole proprietorship or, if more than one owner is involved, a
partnership. Either of these structures makes good sense in a
business where personal liability isn't a big worry - for example,
a small service business in which you are unlikely to be sued
and for which you won't be borrowing much money. Sole proprietorships
and partnerships are relatively simple and inexpensive to establish
and maintain.
Forming and operating a corporation is. more complicated and costly,
but it's worth it for some small businesses. The main feature
of LLCs and corporations that attracts small businesses is the
limit they provide on their owners' personal liability for business
debts and court judgments against the business. Another factor
might be income taxes:
You can set up an LLC or a corporation in a way that lets you
enjoy more favourable tax rates. In certain circumstances, your
business may be able to stash away earnings at a relatively low
tax rate. In addition, an LLC or corporation may be able to provide
a range of fringe benefits to employees (including the owners)
and deduct the cost as a business expense.
Given the choice between creating an LLC or a corporation, many
small-business owners will generally be better off going the LLC
route. For one thing, if your business will have several owners,the
LLC can be more flexible than a corporation in the way you can
parcel out profits and management duties. Also, setting up and
maintaining an LLC can
be a bit less complicated and expensive than a corporation. But
there may be times a corporation will be more beneficial. For
example, because a corporation - unlike other types of business
entities - issues stock certificates to its owners, a corporation
can be an ideal vehicle if you want to bring in outside investors
or employees with stock options.
Keep in mind that your initial choice of a business form doesn't
have to be permanent. You can start out as sole proprietorship
or partnership and later, if your business grows or the risk of
personal liability increase, you can convert
business to an LLC or a corporation.
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