What is the best business structure for my business?
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What is the best business structure for my business?
Hi,
I am planning on having a holistic center in San Francisco
and I would be hiring 2/3 people from India, a teacher and
an advertizing agent, so what is the best business structure
for my business?
Asked on June 27, 2017 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
An LLC, in which you opted for "pass through" or "partnership" tax treatment, is the best option:
1) Both LLCs (limited liability companies) and corporations provide liability protection: they protect your personal assets (e.g. your home; money in the bank) from most business-related debts, obligations, and liabilty. (Most, but not all: no protection is perfect, and there are exceptions to the protection.)
2) To avoid "double taxation" (paying taxes at both the business level and again when you are paid by or take distributions from the business), you want the "pass through" or "partnership" tax treatment (which is also called a "disregarded" entity), which means you are only taxed once; profits are taxed as part of your personal income, and losses become business deductions you can take on your personal income tax return. LLCs or one kind of corporation, the subchapter-S corporation (also called an "S-corp") can give you this beneficial tax treatment.
3) LLC involve less paperwork, less formalities, and less reporting than corporations, making them a better choice for small businesses--they are, quite simply, easier.
So you want an LLC or corporation for liability protection, and you want disregarded entity tax treatment, which you can also get with either an LLC or a corporation (sub-S corporation), but an LLC will be the easiest way to go, with least paperwork.
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