1. Sole Proprietorship
-
What it is: A one-person business that isn’t legally separate from the owner.
-
Setup: Easiest and cheapest to start—just register your business name and get licenses if needed.
-
Taxes: Business income is reported on your personal tax return.
-
Liability: You’re personally responsible for all debts and legal issues.
-
Best for: Freelancers, independent contractors, or very small, low-risk businesses.
2. Partnership
-
What it is: A business owned by two or more people.
-
Setup: Usually requires a partnership agreement but is simple to form.
-
Taxes: Each partner reports their share of profits or losses on personal tax returns.
-
Liability: Partners share responsibility for debts and liabilities.
-
Best for: Small businesses with multiple owners who want to share control and profits.
3. Limited Liability Company (LLC)
-
What it is: A flexible structure that protects your personal assets like a corporation but is taxed like a sole proprietorship or partnership.
-
Setup: File formation documents with your state and create an operating agreement.
-
Taxes: Profits “pass through” to owners’ personal tax returns (unless you choose to be taxed as a corporation).
-
Liability: Owners are generally not personally liable for business debts.
-
Best for: Most small businesses—simple, flexible, and protective.
4. Corporation
There are two main types for small businesses: C Corporation and S Corporation.
C Corporation (C Corp)
-
What it is: A separate legal entity from its owners (shareholders).
-
Taxes: The corporation pays its own taxes on profits; shareholders also pay tax on dividends (double taxation).
-
Liability: Owners are protected from personal liability.
-
Advantages:
-
Easier to raise money by selling stock.
-
Can attract investors and venture capital.
-
Good for companies planning to grow large or go public.
-
-
Best for: Businesses that plan to scale, seek outside investment, or reinvest profits into growth.
S Corporation (S Corp)
-
What it is: A special tax status available to certain corporations or LLCs.
-
Taxes: Profits and losses “pass through” to the owners’ personal tax returns—no corporate income tax.
-
Liability: Same protection as a C Corp.
-
Advantages:
-
Avoids double taxation.
-
Owners can pay themselves a reasonable salary and take remaining profits as dividends (which can reduce self-employment tax).
-
-
Limitations:
-
Limited to 100 shareholders.
-
All shareholders must be U.S. citizens or residents.
-
-
Best for: Small-to-medium businesses that want liability protection, tax savings, and don’t plan to go public or have foreign investors.
Summary Table
| Entity Type | Liability Protection | Taxation | Complexity | Best For |
|---|---|---|---|---|
| Sole Proprietorship | ❌ No | Personal | Very easy | One-person businesses |
| Partnership | ❌ No | Personal | Easy | Multi-owner small businesses |
| LLC | ✅ Yes | Pass-through | Moderate | Most small businesses |
| C Corporation | ✅ Yes | Corporate + personal (double) | Complex | High-growth or investor-backed businesses |
| S Corporation | ✅ Yes | Pass-through | Moderate | Profitable small-to-medium businesses |