Choosing a Business Structure That Works Best for You
How do I choose the right business structure?
Your business’s legal structure can make a big difference. Ensure that when you are choosing a business structure, you set your business up for success. Reach your goals and plan for your business’s growing needs. There are many factors when making this choice. These legal and tax consequences will affect your company for many years. It is crucial that you choose the proper structure for your business.

First, you should learn some basics about the available business structures. The most common types of legal entities include Corporations, Partnerships, or LLCs.
Your goal should be to know the basics of each. In doing so, you will rule out some entity types right off the bat, which makes things easier. If you are like most people, you will narrow down your best option to one or two types of business structures.
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Will I have employees?
If you expect to have employees...
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In which state will I operate?
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Will I have partners or other shareholders?
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How do I want to be taxed?
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What Is a Corporation?
A corporation is a legal entity considered separate and distinct from its owners. A Corporation will usually have the same rights and responsibilities that individuals have. These include entering into contracts, making loans, borrowing money, hiring employees, owning assets, and paying taxes. A Corporation issues stock shares that other legal entities, primarily individuals, will own.
What types of corporations are there?
The two most common types of corporations created are S-Corporations and C-Corporations (C-Corp).
What is the difference between an S-Corp and C-Corp?
The main difference between an S-Corp and C-Corp is the taxation of the company’s net income. Shareholders own a C-Corp and are taxed as separate entities.
A C-Corp pays a flat tax rate of 21%. An S-Corp typically pays tax based on the individual tax rate of the shareholder. Tax rates for an S-Corp do have limits, so please consult with your tax advisor. Also, with an S-Corp, there can only be one class of stock. In an S-Corp, all shareholders must be treated the same.
Both corporation types provide limited liability protection to owners. This protection means owners generally are not responsible for the Corporation's debts and liabilities. If you work in the Corporation, the shareholder must pay themselves as W-2 employees for wages earned. This is the case no matter the Corporation type.
What Is a Partnership?
A partnership is a business form where two or more individuals agree to operate as co-owners. Partners can have any share of ownership, but the total must equal 100 percent.

What Are the Types of Partnerships?
There are two types of partnerships: a general partnership and a limited partnership.
What Is the Difference Between a General Partnership vs. Limited Partnership?
In a general partnership, all partners contribute to the business's daily management. Partners have the authority to make decisions and enter into business contracts. Responsibilities, liabilities, and contributions are generally equal between partners unless stated otherwise.
In a limited partnership, one or more of the partners are not involved in daily management. These individuals are limited partners. A limited partner is generally not liable for the business's debts, unlike that of a general partner. type.

What Is an LLC?
An LLC (limited liability company) is a business structure that offers limited liability protection. This protection applies to each of its members or owners. An LLC provides flexibility in defining each member’s role within the business.
What Are the Types of LLCs?
There are two types of LLCs: Single-Member LLC and Multi-Member LLC.
What Is the Difference Between a Single Member LLC and Multi Member LLC?
A single-member LLC is a limited liability company with a single owner. For tax purposes, the IRS considers a single-member LLC as a disregarded entity. In a disregarded entity, the IRS ignores it for tax purposes. The IRS collects the business’s taxes through the owner’s tax return.
A multi-member LLC is a Limited Liability Company with more than one owner. It is a separate legal entity from its owners but not a separate tax entity.
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Do I need an EIN?
An EIN is an Employer Identification Number and is a requirement set by the IRS for all
If you do not have an EIN and are setting up an Individual 401k, you will need one. We can help you get that as part of our full Indy K bundle or as a stand-alone item.
Do I need to fill out a 5500EZ?
IRS Form 5500-EZ is the designated reporting form required by the IRS for plans with only one participant.
One participant retirement plans include Individual 401k plans but can also include those with business owners, business partners, or spouses. It must be filed when the total plan’s asset value is over $250,000 as of December 31 of the previous tax year.