Starting a New Business Part 5: Types of Business Entities
The type of business entity you choose will depend on three primary factors: liability, taxation and record-keeping. Here's a quick look at the differences between the most common forms of business entities:
- A sole
proprietorship is the most common form of business organization. It's
easy to form and offers complete managerial control to the owner. However,
the owner is also personally liable for all financial obligations of the
business.
- A partnership
involves two or more people who agree to share in the profits or losses of
a business. A primary advantage is that the partnership does not bear the
tax burden of profits or the benefit of losses. Profits or losses are "passed
through" to partners to report on their individual income tax
returns. A primary disadvantage is liability. Each partner is personally
liable for the financial obligations of the business.
- A corporation
is a legal entity that is created to conduct business. The corporation
becomes an entity separate from those who founded it that handles the
responsibilities of the organization. Like a person, the corporation can
be taxed and can be held legally liable for its actions. The corporation
can also make a profit. The key benefit of corporate status is the avoidance
of personal liability. The primary disadvantage is the cost to form a
corporation and the extensive record-keeping that's required. While double
taxation is sometimes mentioned as a drawback to incorporation, the S
corporation (or Subchapter corporation, a popular variation of the regular
C corporation) avoids this situation by allowing income or losses to be
passed through on individual tax returns, similar to a partnership.
- A hybrid form of partnership, the limited liability company (LLC) , is gaining in popularity because it allows owners to take advantage of the benefits of both the corporation and partnership forms of business. The advantages of this business format are that profits and losses can be passed through to owners without taxation of the business itself while owners are shielded from personal liability.