Mindel Scott

What Are Legal Forms of Business Organization

For more information, see the Select an Enterprise Structure in Small Business Administration Web page. – It is easy to establish (except for the development of a partnership agreement). – A separate legal status provides liability protection. – Profits are taxed only once. – Partners may have complementary skills. Incorporation: Sole proprietorship is the easiest way to do business. The cost of setting up a sole proprietorship is very low and very few formalities are required. The five forms of business organizations are: Common examples of businesses are a business organization that has a board of directors and a large company that employs hundreds of people. About half of the companies have at least 500 employees. Owners are members and the duration of the LLC is usually determined when the corporation`s documents are filed. The deadline may be extended, if desired, by a vote of the members at the time of expiry.

LLCs must have no more than two of the four characteristics that define corporations: limited liability for asset size; continuity of life; centralization of management; and the free transferability of ownership shares. One of the first decisions you will make as an entrepreneur is how your business will be structured. You need to know the pros and cons of each of the different forms of business organization to make sure you`re making the right decision for your new business. – There is unlimited liability if something happens in the store. Your personal belongings are at risk (including your home in Kansas City). – It is limited in fundraising and the owner may need to buy consumer credit. – There is no separate legal status. Difficulty raising funds: Investors generally prefer companies when they lend money because they know that these companies have a strong financial track record and other forms of security. In most cases, taxed as a partnership; Business forms should be used if there are more than 2 of the 4 business characteristics, as described above. An example of a partnership is a business between two or more family members, friends or colleagues in an industry that supports their skills. The partners of a company usually share the profits. Flexible management: LLCs do not have a formal business structure, which means their owners are free to make decisions about how their businesses operate.

Taxation: An LLC is considered an “intermediate unit” for tax purposes. This means that business income through the corporation goes to LLC members who report their share of profits or losses on their individual tax returns. The LLC entity is only required to file an informative tax return that resembles the character of the partnership. Individual member LLCs can report business expenses on Form 1040 Schedule C, E or F. LLCs with more than one member typically file a 1065 Declaration of Partnership form. – This is the most common business structure and was created specifically for small businesses. – This type of entity requires insurance in case of prosecution. – It is an independent legal entity. – LLCs are generally taxed as sole proprietorships. – LLCs can have an unlimited number of owners. Disadvantages of partnerships: • Partners are personally liable for the debts and liabilities of the business.

• May lead to management and supervision issues without a partnership agreement. Just a tax choice; This election allows the shareholder to treat profits and profits as distributions and include them directly on their personal tax return. The problem is that if the shareholder works for the company and makes a profit, he must pay his salary himself, and he must meet the standards of “reasonable compensation”. This may vary depending on your geographic region and occupation, but the rule of thumb is to pay you what you would have to pay someone to do your job, as long as there is enough profit. If you don`t, the IRS can reclassify all income and profits as wages, and you are responsible for all payroll taxes on the total amount. 2. Limited and limited liability company “Limited” means that most partners have limited liability (to the extent of their investment) as well as limited influence over management decisions, which generally encourages investors to undertake short-term projects or invest in fixed assets. This form of ownership is not often used for the operation of retail or service businesses. The formation of a limited partnership is more complex and formal than that of a general partnership. This is an important decision that has long-term implications, so if you`re not sure which form of business is best for your business, consult a professional. Fortunately, there are several consultants and business centers throughout Kansas City that offer free assistance in starting a well-informed and helpful business.

When starting your new business, consider the following: – Your (practical) view of the size and nature of your business – The level of control you want to have – The level of “structure” you are willing to face – The vulnerability of the company to lawsuits – Tax implications of different organizational structures – Expected profit (or loss) of the company Separate records: LLC owners should be careful to separate their personal and business expenses, including all business documents, while sole proprietorships are less formal.