4) Business Structure Flashcards
Sole Proprietorship
Any unincorporated business by default
- Easy and cheap to form
- Owner has full control and the business’s profit is his own personal income
- Owner has full personal liability
General Partnership
Business has more than 1 owner
- Partners split the business’s profit
- Pay taxes at their own rate
- Partners have full personal liability for their own and their partners’ actions
Limited Partnership
Silent partners have financial interest in the business (can give $) but aren’t allowed to be involved with the day to day operations
Partnership Agreement
Defines the roles of the partners
- Says what happens if a partner leaves
- Sets the framework for discussion of aspects of the practice
- Not required
Corporation
Legal separation of a business from its owners
- Has a board of directors that controls the corporation who appoints the corporate officers
How is the best structure determined?
Based on the business objectives
What does the business structure determine?
The legal structure, tax status, and business’s operating structure
C-Corporation
Legal entity formed under state law that’s separate from the owners
- Expensive to form and maintain → Double taxes
- Easy to transfer ownership
- Easiest time w/raising capital from outside sources
- Owners have limited personal liability
S-Corporation
Business that has up to 35 shareholders who are citizens or resident aliens
What are the advantages and disadvantages of an S-Corporation?
Advantages
- Limited personal liability
- Easy transfer or business
- Easy to raise capital
Disadvantages
- Lots of regulations and legal restrictions
Personal Service Corporation
For individuals who are the owners of the business and providers of the services
- Inexpensive to form
- All of the business’s profits can go directly back into the business so they don’t have to pay corporate taxes
- Employee benefits can be deducted
- No personal liability protection
Limited Liability Company
Unincorporated business that’s legally separate from its owners
- Taxed like a partnership (no corporate taxes)
- Regulated differently in each state
What are the two types of tax statuses?
For-Profit (FP) and Non-Profit (NP)
For-Profit
Organization provides a service/good to make money for business’s owners
- Includes both public and private organizations
How do FP organizations pay taxes?
Based on their profits and then the remaining money gets distributed to the organization’s owners