Contracting Business Basics

Should You Operate As a Sole Proprietorship, LLC or Corporation?

Written by Ericka Scott | Jun 23, 2023 2:50:42 PM

Operating a business can be a big decision, and it's important to understand the different options available to you, whether you're just starting out or have been in business for a while.

Note: We are not legal professional. 

 Let's take a look at the difference between operating as a sole proprietor, an LLC, or a corporation and how the government sees these types of operations.

 First, let's talk about being a sole proprietor—this means you're in charge of your business all by yourself, like a one-person show.

 As a sole proprietor, you have complete control over your business decisions, which can be exciting!

 

 

However, there's also a downside: you're personally responsible for all the debts and liabilities of the business.

 This means if something goes wrong, your personal assets, like your house or car, could be at risk.

 On the other hand, there's the option of forming a limited liability company, or LLC. An LLC is like a mix between a sole proprietorship and a corporation.

 It offers the owner(s) some protection against personal liability while keeping things relatively simple.

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 With an LLC, your personal assets are generally protected from the debts and lawsuits of the business. It's like having a safety net!

 Now, let's talk about corporations. When you form a corporation, you create a separate legal entity from yourself. This means the business becomes its own "person" in the eyes of the law.

 As a business owner, you become a shareholder and can appoint directors to make important decisions.

 The big advantage here is that your personal liability is usually limited to the amount of money you've invested in the company.

 So, if things go south, your personal assets are generally safe.

 When it comes to the government's perspective, they view sole proprietorships, LLCs, and corporations differently.

 As a sole proprietor, you don't need to do much to get started—just start doing business, and you're good to go!

 However, you'll still need to comply with local regulations, such as obtaining necessary permits and licenses, depending on the type of business you're operating.

 For LLCs and corporations, the government requires additional steps.

 You'll need to file certain documents, such as articles of organization or articles of incorporation, with the appropriate state agency.

 These documents outline important details about your business, like its name, purpose, and the owners or shareholders.

 Additionally, you may need to pay fees and fulfill ongoing reporting requirements, such as submitting annual reports or holding regular meetings.

 The government also treats LLCs and corporations differently when it comes to taxes. Sole proprietors report their business income and expenses on their personal tax returns.

 However, for LLCs and corporations, there may be separate tax forms to fill out, such as the IRS Form 1065 for partnerships or Form 1120 for corporations.

It's important to consult with a tax professional to ensure you're meeting all the necessary tax obligations for your specific business structure.

 Lastly, different levels of government, such as federal, state, and local authorities, have their own rules and regulations that apply to businesses.

 These can include zoning laws, health and safety regulations, employment laws, and more. It's crucial to be aware of these requirements and make sure you're in compliance to avoid any penalties or legal issues.

 So, when deciding how to operate your business, you have options: sole proprietorship, LLC, or corporation.

 Each type of business entity comes with its own benefits and considerations, especially in terms of personal liability and government requirements.

It's essential to weigh these factors and consult with professionals to make an informed decision that suits your business goals and protects your interests.

 Remember, knowledge is power when it comes to running your own show!

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