How to Choose a Business Structure for Your Small Business

How to Choose a Business Structure for Your Small Business

by | Accounting News, News, Newsletter, Small Business

As a business owner, the business structure you choose will determine your company’s legal, financial, and operational aspects. It’s not a decision to take lightly, but also recognize that down the road you might find that shifting to a different structure makes more sense as your company evolves. In this article we’ll explore the four different types of business structures to help you make an informed decision.

Sole Proprietorship

A sole proprietorship is the simplest and most straightforward business structure, and as a sole proprietor, you have complete control over your business decisions and operations. This business structure involves no separate legal entity, so there’s minimal paperwork and administration. Additionally, income from a sole proprietorship is typically taxed at your individual tax rate, which can be advantageous in some situations.

The main disadvantage of a sole proprietorship is that you have unlimited personal liability. If your business faces financial difficulties or legal issues, your personal assets are at risk.

Partnership

When you start a business with one or more partners, you are entering into a partnership, where the workload and responsibilities are shared among partners. Most states require the partners to sign a partnership agreement to outline the distribution of profits and liabilities. Partnerships, theoretically, can bring together individuals with complementary skills and resources, making it easier to grow and manage the business. Like sole proprietors, partners report their share of business income on their individual tax returns.

Similar to sole proprietorships, general partnerships come with unlimited personal liability for business debts and legal obligations. Additionally, disagreements among partners can lead to conflicts and, in unfortunate cases, the complete dissolution of the partnership.

Limited Liability Company (LLC)

LLCs offer limited liability protection to their members, shielding personal assets from business liabilities. They also offer greater flexibility in terms of management structure and tax treatment. Members can choose to be taxed as a partnership, a corporation, or even as a sole proprietorship in some cases. Keep in mind that each state has different rules and regulations relating to LLCs, so be sure to evaluate the specific requirements in your jurisdiction.

As for disadvantages of LLCs, there is more of an administrative burden than sole proprietorships or partnerships, but the obvious tradeoff is more protection of personal assets. Additionally, LLCs cannot issue stock to raise capital, which might limit their ability to attract investors.

Corporation

This is the most complex business structure. One of the main advantages of a corporation is that it offers limited liability protection to its shareholders. This means that personal assets are generally protected from business debts and lawsuits. And unlike LLCs, corporations can raise capital by selling shares of stocks to investors, making it easier to fund business growth.

When it comes to disadvantages of corporations, know that they require a heavy load of paperwork and administrative work, which typically necessitates keeping detailed records. Additionally, it’s possible that corporations may face double taxation, where the company’s profits are taxed at the corporate level, and then shareholders are taxed on their dividends.

How to Choose the Right Business Structure

Each option has its advantages and disadvantages, and the choice should align with your specific business goals. Seek legal and financial advice to ensure you make an informed decision that sets your business on a path to success. Consider the following factors when making your choice:

  • Liability Protection: If protecting your personal assets from business liabilities is a top priority, consider forming a corporation or LLC.
  • Tax Implications: Consult with a tax professional to go over the tax implications of each business structure and choose the one that aligns with your financial goals.
  • Ownership Managements: Partnerships and corporations offer more flexibility in structuring ownership and management within your business.
  • Capital Needs: How do you plan to fund your business? If you need to raise significant capital, a corporation may be the way to go.
  • Future Growth: Corporation and LLC business structures are better suited for growth and attracting investors, though you may run into some limitations in attracting investors with LLCs.
  • Costs: Understand the costs associated with setting up and maintaining your chosen business structure, including registration fees, taxes, and ongoing administrative expenses.

 

Trump’s Tax Plan and How It May Affect You in 2017

by | Bookkeeping, IRS, News, Resources, Tax, Tax Consulting, Tax Planning, Tax Planning - Individual, Tax Preparation - Individual

The dust has ultimately settled from the somewhat turbulent Presidential Election of 2016 and preparations are fully underway for our new President’s January 20th inauguration. The transition period from President Obama to President Trump is in full swing with staff being nominated and confirmed and policies taking shape. One such plan that taxpayers would do well to pay notice to is the President-Elect’s tax plan. Trump’s plans for both businesses and individuals may involve some considerable shifts and could impact your early 2017 filing decisions. Although tax laws and regulations are in almost constant flux, Trump’s proposals could trigger some significant changes.

One major alteration Trump has proposed is to shift from seven tax brackets to only three tax brackets at 12%, 25% and 33% respectively. While this would present a cutting of taxes for some higher income brackets who had seen rates as high as 43.4% under President Obama, some lower income brackets could actually see their tax rates raised from 10% to 12%. Joint filers without children could also see definitive benefits from Trump’s plan, though large families or single parent filers may not. The President-Elect has also proposed to remove the 3.8% net investment income tax enacted under Obamacare. Thus, the top tax rate would be capped at 33%, and the top capital gains and dividends rate would not exceed 20%. Another proposal of Trump’s plan for individuals would include capping itemized deductions for married couples at $200,000.

On a business level, Trump’s proposals seem even more drastic. The President-Elect has suggested that he would cut all business tax rates to 15%, a drastic shift from the average 35% tax rate for most major corporations. Under President Obama, corporations have been paying a 35% tax rate, and those owning LLC’s, partnerships and S corporations are taxed for their flow-through business income at their respective income rate, though not exceeding 43.4%. Trump’s plan would prove especially beneficial for sole proprietors who had previously fit into the highest tax bracket; these entities could see their tax rates drop by almost 30%.

However, Trump’s tax plan is not presenting significant changes for many IRS tax rules, including the constructive receipt doctrine, which affects both businesses and individuals. Essentially, the IRS can tax you on any income or payment you have the legal right to in 2016, even if you don’t actually receive it until 2017. This includes sales made but not officially received until January, or bonus checks sent out but not cashed until January, something to keep in mind when filing in 2017. In addition to tax cuts, Trump’s plans have the potential to affect the housing market as well. To read more about the President-Elect and the housing market, check out our blog here. Of course, some of Trump’s proposals may not occur, but with a Republican majority in both the House and Senate, some level of tax cuts are likely. However, no matter what changes eventually come into effect, these prospective tax revisions could have significant impacts on 2017 and the years beyond.