If you were going to start a business which form would you pick & why do you think it would work for you?

Question

The three forms of business are Sole Proprietorship, Partnership and a corporation.

Answer 1

The question depends on a number of factors.

A sole proprietorship has the least amount of expense and headaches to setup and operate, but the also the least amount of liability protection. If you go bankrupt as a SP you must declare personal bankruptcy. Income and losses are taxed to you personally and also completely subject to Self Employment tax of 15%.

An LLC is an option you do not mention, but it offers liability protection and is an organization that is more difficult to set up and operate than an SP but less than a Corporation. Income is taxed on your personal tax return as a "pass through". These taxes may be higher if you have income right away, but if you have losses they are deductible against ordinary income on your tax return. SET is due on your salary, but not necessarily on company profits.

An S- corporation has the same tax status as an LLC but is more complicated to setup and operate. If offers liability protections.

A C-Corp is the most complicated to setup and operate, but income is taxed at the corporate rates which can be less than the personal rates. If you sell assets from a C -Corp and then want the money for yourself, it will be taxed twice - once in the corp and once personally. But if you sell the entire business, you get the lowest possible tax rate, capital gains tax, currently 15%.

In short if you will have early losses and need liability protection do an LLC. If you will have a substantial business with lots of profits especially early on, do a regular C Corp. If you're dabbling here and have no real expectation of a meaningful business - do a Sole Proprietorship.

Good Luck,
Dana B - President
www.thebarfieldgroup.com

Answer 2

Sole Proprietorship if I was doing small jobs myself - no hassle easy to set up and I'm good to go.
Limited Liability Company or Partnership to remove myself from liability (say, if I owned rental property- each property would be held by a separate LLC so if Sue Suem falls and sues me it would only be for that one property and not all the properties I own) - it is also a nice way to keep the business separate from "you".
Corporation is fine too. S Corp so the income flows into my own tax return. C Corp is OK if you are not going to hold real property because it gets messy and expensive.

Answer 3

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Answer 4

I'd have to pick either a S-Corp or an LLC for the legal and tax advantages..

Answer 5

Corporation, for the tax advantages.