Skip to content

... for small business and startup owners

How to Choose the Best Legal Structure for Your Business?

One of the most important factors when beginning a firm is the legal framework. Although it may appear to be a minor detail, keep in mind that your business structure substantially influences your personal liabilities and the taxes you pay as a business owner. As a result, during the early stages of your firm, you should pick the appropriate legal organization.

How to Choose the Best Legal Structure for Your Business?

Consider your business structure options

A business structure refers to a company’s legal structure, which has an impact on the company’s day-to-day activities. The following sections go through the various company structures in detail:

Sole Proprietorship

A sole proprietorship is the simplest business form, with one person in charge of the company’s day-to-day operations. Additionally, the earnings and expenses of the business are included in the owner’s tax return. It is not essential to file separate income tax forms for the company since it does not exist as a separate legal entity from its owner. In most countries, a sole proprietorship’s only expenditures are corporation taxes and operating license fees. Business owners may be eligible for tax breaks such as health insurance. There are various advantages to starting a firm as a sole proprietorship. To begin with, it is affordable to establish, and the costs of registering a single proprietorship are small. A sole proprietorship, unlike a limited liability corporation, is not obligated to satisfy continuous obligations. Shareholder meetings, voting, and director elections are just a few examples. On the downside, because the firm is not a separate legal entity from its owners, the debts, obligations, and duties of the business will be held against them personally.


A partnership is a type of company arrangement in which two or more owners share ownership. For a firm with two or more owners, it is the most basic kind of business. organization. A sole proprietorship and a partnership have a lot in common. Because the business does not exist as a separate legal entity from its owners, the owners and the entity are treated as one person. When each partner must submit the information on Form 1065 with their tax return, the firm’s gains and losses are passed on to them. A partnership corporation structure offers several advantages. A partnership can be formed with less paperwork and with fewer requirements for the participants than limited liability companies do. Additionally, partnerships have a special tax structure that necessitates that each partner discloses their portion of the partnership’s profit or loss on their individual tax returns. The partners personally owe the company’s debts and liabilities and may also have their personal assets liquidated to pay off the debts. Partner disagreements are also a possibility, which can slow down business operations.


A corporation is a sort of company organization that establishes a legal distinction between the entity and its owners. It is difficult and expensive to set up, and it demands that owners adhere to extra tax and regulatory obligations. Most businesses hire attorneys to manage the registration process and verify that the company conforms to the laws of the state in which it is registered. When a company wants to go public by selling common stock to the general public, it must first be formed as a corporation. Corporations are obliged to pay both federal and state taxes, while shareholders must report dividend payments on their personal income tax returns. 

The two most popular types of companies are C-corporation and S-corporation. An S-corporation can have up to 100 shareholders and functions similarly to a partnership, but a C-corporation is a legal body apart from its owners. One benefit of a business structure is the ability to obtain capital. The company may raise a lot of money by selling stock to the general public. In addition, the corporate form comes with restricted personal responsibility, which protects the owners from the company’s debts, responsibilities, and duties.

Analyze a Variety of Factors

It is important to understand these factors, which help one to understand how one can structure their business :


Because the law carries its own legal entity, a business has less personal culpability. Customers and lenders can sue the company, but they can’t go after the shareholders or the officials’ personal assets. An LLC offers the same liability protection as a sole proprietorship while also offering tax advantages. Furthermore, a partnership business entity divides liability among its owners according to the partnership agreement. A responsibility is something that is due to someone else in general. The legal or regulatory risk or duty is sometimes referred to as “liability”. In accounting, liabilities are recorded first, followed by assets. A liability is a debt, responsibility, or personal problem that prevents you from achieving your goals. The debts on a company’s ledger are its liabilities.


The options for lowering taxes should be considered in light of the business owner’s goals and current situation. For example, if you want to raise money, a sole proprietorship may not be the best solution. To assist you in selecting the ideal firm, you should consult with an accountant or business counselor. The profits of the corporation are taxed twice by the owners. Corporations are liable to both federal and state corporate income taxes, and any revenues transferred to shareholders in the form of dividends are taxed at individual tax rates on their personal income tax returns.


The knowledge needed to fully document a company, including its organizational structure, processes, systems, infrastructure, tools, facilities, goods, services, interfaces, and procedures, is referred to as business complexity. When it comes to starting a business, nothing beats the simplicity of a sole proprietorship. All you have to do now is register your name, establish your business, keep track of your profits and losses, and pay taxes on your personal income. Outside money, on the other hand, can be difficult to come by. Partnerships, on the other hand, require a formal agreement that specifies the duties and profit margin. The federal and state governments have several reporting obligations for LLCs and corporations. 

Consider Future Funding Requirements

Many of the decisions you make during the start-up phase about your company’s identity will have an impact on your ability to obtain funding. As a result, set a goal for the type and percentage of outside capital you’ll require for business development. For example, let’s say you’re searching for traditional debt financing from a bank. Any shareholder who owns at least 20% of the company must sign a personal guarantee. If you have business partners or other investors who don’t want to take on this risk, they’ll have to minimize their stake in the company.


So, what is the best legal structure for your business? The answer to that question will vary depending on the specifics of your company and your goals. However, we hope this article has given you a better understanding of the different options available to you and how to choose the right one for your business. If you’re ready to incorporate your business in the US, contact IncParadise today—we’re here to help make the process as smooth and stress-free as possible.

Get more helpful tips

Like what you're reading? Get fresh tips to start & grow your company.