Pick the Right Business Entity for Your Company

There are several business entities to choose from. We’re about help you make a decision by discussing the pros and cons of each.

  • Limited Liability Company
  • S Corporation or C Corp
  • The C Corporation
  • The Non-Profit Corporation
  • Sole Proprietorships

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Here, you will learn the difference between the 4 main business entities: S-Corporations and C-Corporations, LLCs, and Non-Profits, so you can decide which of them suits your purposes.

Limited Liability Company (LLC)

LLCs can be described as a hybrid between partnership businesses and corporations. This business model is best suited for startups or smaller organizations because of the following reasons:

  • They are quick & easy to setup
  • They have a simple structure
  • Setup is typically inexpensive
  • Running LLCs is easier than C-Corporations or S-Corporations
  • They abide by fewer regulations and federal laws
  • They are registered and regulated on a state level

These benefits do vary from state to state. This is why we also recommend our clients double-check their state’s LLC formation resources before deciding.

The ‘Limited Liability’ Protection

Like S-Corporations and C-Corporations, LLCs offer the advantage of limited liability protection for their owners. In other words, your business assets will be owned separately by the LLC instead of any individual (or group of individuals).

Any liability for an LLC (for example, lawsuits, monies owed, depreciation, etc.) is purely the liability of the respective business. In other words, it would generally not affect the owners’ assets.

LLC Taxes & Tax Returns

LLCs are generally given a fair pass when it comes to federal income taxes. In other words, an LLC will not be legally bound to pay taxes on business income. Instead, LLC members are bound to pay taxes on their share of the profits made by their LLC. With that said, LLC taxation is quite similar to how a sole proprietor or partnership business handles its taxation.

Types of Taxes LLCs Should Expect

LLCs may offer a separate entity for liabilities but they are also liable for various types of taxes, for example:

  • Payroll Tax: is paid to employees based on their salaries (compared to the personal tax returns paid to members or owners).
  • Sales Tax: is applied on goods purchased by and for your business.
  • Property Tax: is applied on properties owned by the business
  • Other taxes: are made up of taxes and tariffs that need to be paid by LLCs

Typically, taxes are treated as a business expense and they do not flow through the owner’s tax returns.

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Small Business Corporation or Subchapter (S-Corporation)

S-Corporations are business entities that were designed and implemented into law by Congress in 1958. This business entity was created to encourage family and small business formation, ending double taxation for conventional corporations. The main benefits of S-Corps include:

  • They are formed and regulated on a state level
  • The liabilities of these corporations are kept separate from personal liabilities
  • Owners’ and investors’ liabilities are limited as per the value of their investment
  • Owners of corporations aren’t personally liable for their business’s claims, debts, and other liabilities
  • There are more rules, legalities, and compliance issues in forming an S-Corp as opposed to an LLC
  • Comparatively, S-Corps have a more complex corporate structure
  • S-Corps can have only 100 shareholders
  • It is easier to run an S-Corp as compared to a C-Corp

The policies and costs of setting up various kinds of LLC will vary from state to state. This is why we also recommend our clients double-check their state’s LLC formation resources before deciding.

S-Corporation Taxes & Tax Returns

Unlike good ol’ C-corporations, S-Corps aren’t liable to pay corporate income taxes. The IRS regards S-Corporations as a separate tax identity. Similar to LLCs, the profit generated by this business model will flow onto the shareholders’ personal income tax returns and will be subtracted from there.

When you form an LLC, you will have the option to get treated like S-Corps for taxation purposes. This offers the advantages of both LLC and S-Corps as follows:

  • LLCs have less stringent rules and regulations as compared to LLCs
  • S-Corps have certain tax advantages, specifically for owners or members that directly generate money from the corporation
  • You can set yourself a reasonable salary to deduct the money credited to share dividend income.

Our business consultants will be at your disposal round-the-clock if you would like to learn how to save yourself for taxes after filing an S-Corporation business.

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C-Corporation

C-Corp or C-Corporation is a kind of business entity that is regulated and formed on a state level. They can be created by filing ‘Articles of Incorporation’ within the state of incorporation and with the secretary of state. C-Corps are the most formal companies and boast a holistic corporate structure. The cost and policies involved in forming a C-Corp will vary from state to state. However, some of the factors that you should consider include:

  • They have limited liability so owners wouldn’t be liable for business debts and liabilities
  • C-Corps are owned by those individuals that hold the most stock in the company
  • C-Corps are required to issue stock
  • Owners are required to schedule an Annual General Meeting
  • Ownership can be fluid, meaning that it can be transferred based on who owns the stock at a particular point in time
  • C-Corp stocks can be bought and sold in a public stock market if it holds an ‘Initial Public Offering (IPO)
  • C-Corps are required to have a board of directors
  • C-Corps can raise capital by issuing stock
  • These corporations are required to work within the bounds of various rules and regulations
  • Revenue generated by C-Corps may ‘double taxation’

How Are C-Corps Taxed?

Unlike Limited Liability Companies and S-Corps, a corporation needs to file corporate tax returns and is required to pay taxes on their profits. When these taxes are returned to shareholders in the form of dividends, they are subject to taxation based on each shareholders’ tax returns. This is a short explanation of what ‘double taxation’ entails.

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Nonprofit Corporation

A Nonprofit Corporation is a corporation formed for the public good, such as educational, religious, charitable, or other public service purposes. Unlike other corporations, the most significant advantage of picking this legal business entity is to exempt yourself from state and federal taxes on anything the corporation earns.

The process of setting up nonprofit corporations mimics that of establishing corporations for business purposes or profits. You can read up on common tax exemptions for nonprofit organizations on Internal Revenue Service’s Section 501(C)(3) – which is also why these types of corporations are also called 501(C )(3) corporations.

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Sole Proprietorships & Partnerships

In a nutshell, sole proprietorships, as the name suggests, have just one owner whereas partnerships have more than one owner. Even though they may not have as holistic structures as their alternative, they are pretty simple to establish and maintain. As compared to LLCs and corporations, sole proprietorships is established as soon as you receive money for your products or services. Simply put, you wouldn’t need to file any form of paperwork.

On the other hand, partnerships may be established by a partnership agreement, or you could just have an informal relationship with a partner and launch a business after signing a contract and shaking some hands. The benefit partnerships have over sole proprietorships is that you share resources, responsibilities, and losses with your partners. Of course, you may also face disagreements on how to run your business and you will also have to split your profits.

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