eg: UK or Brides UK or Classical Art or Buy Music or Spirituality
 
eg: UK or Brides UK or Classical Art or Buy Music or Spirituality
 

Your Online Guide » »

[W440]What Is A Business Structure
by Konstantin Goudkov, Kon
Now that you're ready to set up a shop and call yourself an entrepreneur, the next thing you have to decide is the business structure you're going to use.

Your business structure will decide what kind of taxes and how much in taxes you'll pay, how you will register it, how many people will be in business with you up to the nitty-gritty details of your day-to-day operations. Choosing the right business structure is just as important as choosing the right product to sell, as this will play a huge part in the administrative side of your business.

So what are your options? There are different kinds of structures but these have been categorized into two: the corporate and the non-corporate.

The corporate structures are typically the different kinds of corporations which include the Business Corporation, also known as the C-corporation. Also among the corporate structures are the S-corporation and the Close Corporation.

For non-corporate structures, we have: Sole proprietorship, the different kinds of Partnerships (General Partnerships, Limited Liability Partnerships, Limited Partnerships) and the Limited Liability Company.

Each of them has advantages and disadvantages -- but all of these may be relative depending on your needs and goals.

To give you a guide on choosing the best business entity for yourself, consider these factors:

a) Liability Protection -- getting into business is always a risk. No matter how much time, effort and money you put into it, there are no real guarantees for success. There are structures which offer maximum liability protection for the business owners, and some which do not. For example, if your business gets a lawsuit, who pays? You or your business? The answer depends on the kind of business structure your business has. Most often, if your business is a high-risk venture, it would be best to choose structures which will offer maximum liability protection like LLC's or corporations.

b) Taxes -- Taxes is one of the major concerns of would-be-businessmen. The question most often asked is: What type of structure will enable me to pay least in tax dollars? Certain types of structures like the sole proprietorship and partnership allow business owners to be taxed only once -- at the personal income level, while some structures like the C-corporation and closed corporation have double taxation. The LLC on the other hand, is taxed depending on the number of its members.

The value of knowing the taxation principles for each structure is important especially if your business will be immediately profitable in its early years.

c) Control and Management -- who will manage your business? How many have stakes on your business? How much control are you willing to relinquish to others? Do you want to run your business by yourself?

Your business structure often decides how much control you and the other stakeholders would have over the business. If you want maximum control where you and nobody else has a say, then sole proprietorship is the way to go. However, if there are other stakeholders, there are structures which can define the amount of control the co-owners will have. Limited partnership for example, gives the active partner maximum control over the day to day operation of the business, with the limited partner having no say whatsoever in its operations. However, if you and your partners demand the same rights, the limited liability company is a good option since under the law all members are given equal rights over the business.

If control is an issue, look into the management aspect of each structure and choose what will be most acceptable for you.

d) Continuity and transferability -- How long will you be in business? If you have no clear cut answer or if your answer is "as long as it is profitable" consider the continuity or lifespan of a business. There are structures which can grant unlimited life for a business -- meaning, that even if the owners die or the stakeholders sell their share, the business can continue. Some structures do not allow this, and are dissolved much more easily in certain circumstances like the owner's death, the partner moving out, divorce, buying out and so on. Another issue which you should also consider is transferability or the ease of selling your shares or interests in a business in case you wanted out. Corporate structures give the owners ease in transferring their shares to another stockholder or member just by signing it over. On the other hand, LLCs and partnerships will have a harder time of transferring their shares or interests without the company getting dissolved unless they have a buy-out agreement in place.

e) Capitalization -- how much capital do you have to set up a business? Obviously, simpler structures like sole proprietorships and partnerships can be set up for a minimal cost. Corporate structures on the other hand, have a lot of paperwork, both in its initial set-up and maintenance that it requires some real hard cash to run. If you will need additional capital later on, consider the structure that will allow you to do this with minimum fuss. For example, corporations can easily raise money by offering their stocks to the public, while a sole proprietorship is limited to raising funds from personal loans or bank loans.

The bottom line -- nobody can tell what business structure is right for you, but yourself. Choosing the right entity requires a lot of careful deliberation on your part. Aside from the factors above, you should also consider your resources at hand and your management capability. Being aware of your particular strengths and needs and being informed of the different aspects of the each business structure is important to identify the right business structure for you.

1. Legal liability – The single most important reason for incorporating a business is protection of personal assets. In the event of a lawsuit or judgment against your company, no one can seize your personal assets. The decision to incorporate your business depends on whether your business lends itself to potential liability and whether you can personally afford the risk of that liability. For example, if you are investing in heavy machinery or equipment, sole proprietorships or partnerships will not be the right choice for you. On the other hand, if you want to start a tax-consulting business, incorporation is not really necessary.

2. Tax implications - There are more tax options available to corporations than to proprietorships or partnerships. Owners of unincorporated businesses such as sole proprietorships or partnerships pay income taxes on all net profits of the business. On the other hand, owners of a corporation do not pay personal income taxes on profits they do not receive, and they also have the added advantage of lower federal corporate income tax rates on the first $75,000 of income as compared to the federal individual income tax rates on an equivalent amount of personal income.

3. Expenses - Sole proprietorships and partnerships are easy to set up – there are no special forms to be filled, nor any fees to be paid to start your business. Neither do any special operating rules need to be followed. On the other hand, Limited Liability Companies (LLCs) and corporations cost more to start and are more difficult to maintain. To form an LLC or corporation, you must file a document with the state and pay a fee. In addition, owners of corporations and LLCs must elect officers to run the company, and keep records of important business decisions and follow other formalities.

4. Individual Needs – Your needs as an individual are a critical consideration. What are you looking for? Do you want 100% ownership of the company? Are you willing to work with partners? These are key questions that you have to answer before deciding the appropriate business structure.

5. Flexibility - When you're first starting out in business, your main concern is getting the business off the ground. You are not usually thinking of what might happen in five or ten years. What will happen to the business after you die? What if you decide to sell? It is important to choose a business structure that allows you the greatest room for growth. A sole proprietorship is easy to set up and expand into whatever you want it to become.

There is no single choice that fits every business; no two businesses are alike. Your job is to pick the structure that best meets your needs and keep in mind that the choice you make now is not etched in stone; you can always change the structure of your business depending on your needs and market expectations.

Article Source :

About Author
Both Konstantin Goudkov & Akhil Shahani are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Konstantin Goudkov has sinced written about articles on various topics from . Konstantin Goudkov has recently co-authored a book called Incorporation Master's Guide. This book covers the differences between business structures in great detail. You can always find the latest edition at. Konstantin Goudkov's top article generates over 480 views. to your Favourites.

Akhil Shahani has sinced written about articles on various topics from Buy a Franchise, Public Speaking and Education Toys. . Akhil Shahani's top article generates over 22200 views. to your Favourites.
EditorialToday has 0 sub sections. Such as . With over 20,000 authors and writers, we are a well known online resource and editorial services site in United Kingdom, Canada & America . Here, we cover all the major topics from self help guide to A Guide to Business, Guide to Finance, Ideas for Marketing, Legal Guide, Lettre De Motivation, Guide to Insurance, Guide to Health, Guide to Medical, Military Service, Guide to Women, Pet Guide, Politics and Policy , Guide to Technology, The Travel Guide, Information on Cars, Entertainment Guide, Family Guide to, Hobbies and Interests, Quality Home Improvement, Arts & Humanities and many more.
About Editorial Today | Contact Us | Terms of Use | Submit an Article | Our Authors