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Proprietorship, Biability Company, Limited Liability Companies, General Or C Corporations

Decent Essays

There are several categories under which business entities can be formed. Sole Proprietorship, Partnership (General or Limited), Limited Liability Companies (LLC) and S or C Corporations are the options entrepreneurs have to give legal form to their business. Each has distinctive characteristics on their tax treatment and legal procedures. The decision of what kind of entity form affects the daily operations and investment opportunities for the business, hence the importance of selecting the entity that can better serve the business model and the owners.
Sole Proprietorship is the most basic and simple form of business and it does not require to be formally organized with the state. Under this kind of entity, the owner directly assumes the …show more content…

Limited Liability Companies are treated by default as a Partnership (flow-through) for tax purposes, however, because of the “check-the-box” regulation Section 7701, LLC owners can elect to have their entity treated as a C Corporation for tax purposes and then opt for the S corporation tax treatment which would allow them to be taxed as a flow-through. Corporation are treated by default as C corporations and are taxed based on corporations’ tax rates, the “check-the-box” regulation allows the business owners to opt for the S corporation option and pay taxes as a flow-through corporation.
Based on the presented information about the different forms of organization, in my opinion a Limited Liability Company is the best option for the presented case, considering the initial stages of the business, the characteristics of the owners and the extent of the operations. The Limited Liability Company will allow them flexibility on their arrangements under the flexible statute which allows the members “to alter those dissolution and transferability provisions by agreement”. This form of organization also limits the liability of the owners, since the company is considered a separate legal entity, creditors won’t have claims to their personal assets if the business default on payment. Another important advantage of selecting this form of organization is that the owners have taxation flexibility, “the check the box regulations allow

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