501 West Broadway, Suite 1025, San Diego, California 92101

One of San Diego's most reputable smaller business law firms

Business Law Newsletter

Which Business Entity is Right for You?

If you are thinking of starting a business, you have many important decisions to make. One of the most important of these is choosing your business entity.

There are a number of different types of business entities, and each has its own set of advantages and disadvantages.

The most common types of business entities are:

  • Sole proprietorships
  • Partnerships
  • “C” corporations
  • “S” corporations
  • Limited liability companies (LLCs)

In choosing your type of business entity, you must ask yourself the following questions:

  • Do you want to maintain total control over your business, or do you want to have partners?
  • If you choose to have partners, will they all be treated the same?
  • Do you plan on providing your products or services to the local community, or are your products or services going to be marketed nationally or even internationally?
  • Do you want people to invest in your business and own a part of it?

You must also consider the legal implications associated with each business entity type.

  • Do you wish to have yourself protected from personal liability, or is your business generally one with little or no liability risk?
  • Are you planning on employing a large number of people?

The Internal Revenue Service (IRS) treats various business entities differently according to the applicable tax laws. Also, depending on the type of business entity you choose, you may be filing more than one tax return each year.

When starting a business, it is important that you understand the advantages and disadvantages of each type of business entity. You must carefully decide upon the business entity that best suits your objectives.

  • Corporations Must File Articles of Incorporation
    In just about every state, corporations are required to file a description of the corporation, known as “articles of incorporation.” The articles of incorporation must be filed with the secretary of state, and are public... Read more.
  • Respondeat Superior in Theory and Practice
    In general, people are not liable for the actions of others. There are, however, exceptions to this rule. One long-standing exception is the doctrine of “respondeat superior,” a Latin term meaning “let the master... Read more.
  • Employer Liability for Employee Online Activity
    Many employers, recognizing the business advantages inherent in its use, regularly provide their employees with access to the Internet. Increased employee access, however, has resulted in increased employer liability. Employee misuse of... Read more.
  • Nonprofits Must Pay Taxes on Unrelated Business Income
    Nonprofit organizations, e.g., charities, were historically not taxed. In 1950, however, an amendment to the Internal Revenue Code made taxable income earned from activities that did not further the tax-exempt purposes of such... Read more.
Law Commentary Legal News
Share This Page:
Designed and Powered by NextClient

© 2011 - 2024 Keehn Law Group APC. All rights reserved.
Theme WebExpress™ attorney website design by NextClient.com.

Contact Form Tab