Business Formation Guide

When launching a small business, one of the first steps is selecting the right business structure. The most common formal structures for small businesses include:

  1. Limited Liability Companies (LLCs) – the top choice for many small business owners.
  2. Corporations
  3. LLCs taxed as S Corps
  4. DBA (Doing Business As)

Key Considerations for Selecting the Right Business Structure

When choosing the ideal business structure for your small business, it’s essential to consider several important factors. These elements will guide you in selecting the structure that best suits your business objectives, personal liability concerns, and tax planning needs:

  • Personal asset protection
  • Tax advantages
  • Management structure
  • Regulatory compliance requirements

1. Limited Liability Company (LLC)

LLCs are a top choice for small businesses, and for good reason. Some of the key benefits of forming an LLC include:

  • Provides personal asset protection and offers flexible management options
  • Safeguards personal assets from business debts and lawsuits
  • Easier to establish and maintain than corporations
  • Requires less paperwork and has fewer compliance obligations

2. Corporation

Corporations are a more intricate business structure, ideal for larger businesses or those looking to raise capital. Here are the key features of corporations:

  • Operates as a separate legal entity owned by shareholders
  • Provides the strongest protection for personal assets
  • Requires more complex formation and ongoing maintenance
  • Can raise funds by issuing stock

3. LLC Taxed as an S Corp

Some LLCs may benefit from electing to be taxed as an S Corporation, which can provide certain tax advantages. Here are a few important factors to consider:

  • Can offer tax savings, especially on self-employment taxes
  • Provides potential benefits for businesses with significant profits
  • Comes with specific requirements and restrictions

To learn more about S Corps and how they work, check out additional resources.

You can also compare S Corps, C Corps, and LLCs to find out which structure is best for your business.

While it’s possible to change your business structure later, it’s important to choose the right one from the start to avoid complications and added costs down the line. Consulting with a business attorney or accountant can ensure you make the most informed decision for your small business.

4. DBA (Doing Business As)

A DBA (Doing Business As) is not a formal business structure and does not provide personal liability protection. It simply allows a business to operate under a name different from its legal name, offering more flexibility in branding but without the legal protections offered by LLCs or corporations.