Choosing a Business Entity
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Sole Proprietor |
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S Corp |
C Corp |
LLC |
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Are you protected from Liability? | No | No; all partners are jointly liable for actions of others. | Yes | Yes | Yes |
Number of Owners | 1 | 2 or more | No more than 75 | Unlimited | Unlimited-one person LLC allowed in most states |
Taxation on Income | Personal tax | Profits flow to partners who pay personal tax | Profits flow through to owners, who pay personal tax on it. | The corp. must pay taxes on its profits, and the owners on distributions to them by the corporation. | LLC profits flow to members who pay personal tax. Disadvantage: self employment taxes. |
Can Owners Deduct losses form their personal tax payments | Yes | Yes | Yes | No | Yes |
Do you have to do payroll paperwork? | Yes | Yes | No | No | Yes |
Can you decide how much income or expenses to allocate among owners regardless of the capital each owner invests in the business entity? | Not applicable | Yes | No | No | Yes |
Advantages -
Pros |
easy set up and understand | can allocate income and expenses as agreed among partners | No Social Security or Medicare taxes | 100% deductible health insurance, fully deductible medical reimbursement and fringe benefits plans, up to $50,000 profits are taxed at 15% if left in the corporation rather than at your higher, personal income tax rate. | Limited Liability as in a corporation with pass through income benefits of a partnership. |
Disadvantages -
Cons |
Personal liability, self-employment tax | Liable for actions of other partners. Self-employment tax. | no health insurance deduction and limited deductions for home office | cannot use corp. expenses to offset your personal income. if corp. has a lot of profits, doublet taxation occurs | Self employment tax, unsettled, and insufficient law issues as to the legal and tax treatment of this entity. |