|
Forms of
Ownership |
|||
|
Type of
Entity |
Tax |
Main
Advantages |
Main
Drawbacks |
|
Sole Proprietorship |
Flow-through |
v Simple and
inexpensive to create and operate |
v Owner
personally liable for business debts |
|
General Partnership |
Flow-through Owners (partners) report their share of profit or loss on
their personal tax returns |
v Simple and
inexpensive to create and operate |
v Owners
(partners) personally liable for business debts |
|
Limited Partnership |
Flow-through |
v Limited
partners have limited personal liability for business debts as long as they
don't participate in management v General
partners can raise cash without involving outside investors in management of
business |
v General partners
personally liable for business debts v More
expensive to create than general partnership v Suitable
mainly for companies that invest in real estate |
|
Regular Corporation |
Separate taxable entity |
v Owners
have limited personal liability for business debts v Fringe
benefits can be deducted as business expense |
v More
expensive to create than partnership or sole proprietorship v Paperwork
can seem burdensome to some owners |
|
S Corporation |
Flow-through |
v Owners
have limited personal liability for business debts v Owners
report their share of corporate profit or loss on their personal tax returns v Owners can
use corporate loss to offset income from other sources |
v More
expensive to create than partnership or sole proprietorship v More
paperwork than for a limited liability company which offers similar
advantages v Income
must be allocated to owners according to their ownership interests v Fringe
benefits limited for owners who own more than 2% of shares |
|
Limited Liability Company |
IRS rules now allow LLCs to
choose between being taxed as partnership or corporation |
v Owners
have limited personal liability for business debts even if they participate
in management v Profit and
loss can be allocated differently than ownership interests |
v More
expensive to create than partnership or sole proprietorship v State laws
for creating LLCs may not reflect latest federal
tax changes |
|
Nonprofit Corporation |
Not taxed on operations |
v Corporation
doesn't pay income taxes v Contributions
to charitable corporation are tax-deductible v Fringe
benefits can be deducted as business expense |
v Full tax
advantages available only to groups organized for charitable, scientific,
educational, literary or religious purposes v Property
transferred to corporation stays there; if corporation ends, property must go
to another nonprofit |
From www.nolo.com