How should I Incorporate my Business?

Are you looking to start a business? Do you know how you legally want to structure your business? There are three main categories that identify how you should decide to structure your business: number of owners, who’s liable, and who pays taxes. See a breakdown below of the different types of business structures possible for incorporation.

Sole Proprietorship

If you are doing business activities, you are automatically considered a sole proprietorship without having to register as a business. You have complete control over your business.

  • 1 person
  • Unlimited personal liability
  • Self-employment tax, personal tax

Partnership

Partnerships can be structured as a limited partnership (LP) with one general partner having unlimited liability and all other partners having limited liability and control over the business or as a limited liability partnership (LLP) where all owners have limited liability and are not responsible for the actions of the other partners.

  • 2 or more people
  • Unlimited personal liability unless structured as a limited partnership
  • Self-employment tax (except for limited partners), personal tax

Limited Liability Company (LLC)

A combination of partnership and corporation business structures.

  • 1 or more people
  • Owners are not personally liable
  • Self-employment tax, personal tax, corporate tax

Corporations

C Corporation

A legal entity separate from its owners that can raise money.

  • 1 or more people
  • Owners are not personally liable
  • Corporate tax

S Corporation

Avoids double taxation on profits and dividends to shareholders (personal income) by allowing profits & losses to pass directly through to owner’s person income without subjection to corporate taxation.

  • 1 or more people, but no more than 100 and all must be U.S. citizens
  • Owners are not personally liable
  • Personal tax

B Corporation

Similar to a C corporation, but has a public benefit in addition to profitability.

  • 1 or more people
  • Owners are not personally liable
  • Corporate Tax

Nonprofit (501(c)(3))

Conducts work that benefits the public.

  • 1 or more people
  • Owners are not personally liable
  • Tax-exempt, corporate profits can’t be distributed

Next week I will recommend service providers that can help you easily incorporate your business.

– D

Source: United States Small Business Administration

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