Types of Business Structures
There are a number of types of business structures, including LLCs, Closely held corporations, and Sole Proprietorships. Depending on the type of business, you may enjoy greater management flexibility and less legal control. However, you are personally liable for any debts incurred by the business.
A sole proprietorship is a business that is owned and operated by one person. These typically engage in a wide range of industry and commerce. The primary types are listed in the North American Industry Classification System (NAICS). Often, the choice of a particular type of business is based on personal experience and skills. A typical example is marketing and selling a defined product or service.
Sole proprietorships can be taxed differently than corporations. A sole proprietor pays taxes on the profits earned by the business. The sole proprietor also has limited options for deducting expenses and sheltering income. Sole proprietorships also have more limited liability protection than corporations, which means the owner is personally responsible for the company’s dealings. In the event of a lawsuit, the owner’s personal assets may be confiscated.
Closely held corporations
A closely held corporation is one in which the owners control the management and operation of the firm. In most cases, the stock of a closely held corporation is not publicly traded. These corporations are typically small and may have either an S corporation or a C corporation structure. Depending on the state, the number of stock shares may be limited. Closely held corporations often don’t have a board of directors. They are also owned by one or two people and have agreements to determine how the should be operated.
The advantage of closely held corporations is that they don’t have to comply with many corporate regulations as do publicly traded companies. While both companies are regulated by the SEC, a closely held corporation doesn’t have the same level of corporate governance and isn’t subject to the same types of rules as a public company. Closely held corporations also benefit from fewer shareholders, which gives the owners more control of the company. This allows the owners to make decisions without a board of directors or public shareholder votes.
General partnerships are entities with at least one partner. Unlike corporations, partners in general partnerships share responsibility for the company’s debts and liabilities. A partnership agreement can specify who pays what, and what happens if one partner dies or leaves the company. Regardless of how a general partnership is structured, it’s important to know all the legal and financial ramifications before beginning a business.
The tax consequences of general partnerships can vary. The first is that a general partnership doesn’t pay income taxes. Since it’s a pass-through entity, each partner reports their share of profits and losses. In most cases, a partnership must provide the owners with a Schedule K-1 by March 15, a report that summarizes the income and losses earned by the partners. This information is used to complete a Form 1040 tax return for each partner. Depending on the type of , income from a general partnership is treated as self-employment income.
An LLC can be set up in several ways. First, the owner must decide on a name. Next, they must file articles of organization. These documents set out the rights, duties, and liabilities of the members. They also list who is the registered agent for the company. The articles should also contain information about the purpose of the business.
A major advantage of an LLC is that it offers more flexibility in taxation. It is automatically taxed as a partnership or sole proprietorship, and the members of the LLC report the business income on their personal tax returns. In addition, members of an LLC who work for the business must pay self-employment tax.
Limitation of liability
A limitation of liability clause can limit the amount of money a business is liable for in case of an accident or damage. This clause can be written into contracts between a business and a customer or vendor. The purpose of a limitation of liability clause is to reduce the risk of a lawsuit. Without it, a business owner can be held liable for unlimited damages.
Limitation of liability clauses are very important when drafting contracts between two parties. They should limit the liability of one party to a certain amount and type of compensation. These clauses are very important and should be carefully drafted. A limitation of liability clause will significantly reduce the risk of a business owner being sued.
One important issue to consider is the tax implications of a business owned by one person. Generally, sole proprietorships are treated as individual entities for tax purposes. But it is also possible to own a business with partners. Partners provide capital and skills that may benefit the business. However, they may also impact the business negatively.