Set 5 TX Legal Forms and Structures Flashcards
4 types of legal entities
Sole proprietorship
Partnership
Corporation
Joint Venture
3 types of corporations
Public
Private
CCPC
Advantages of SP/partnerships
losses may be used against other income of individual partner or owner
reasonable salaries may be paid to partner or spouse/children
no need for full set of FS - income included as business income
Advantages of corporations
reasonable salaries may be paid to owner, owner’s spose/children
potential for income splitting
potential for tax deferral if personal tax rates higher than corporate tax rates
estate or succession planning is possible
lifetime capital gains exemption may be possible
Disadvantages of SP/partnerships
no tax deferral on profits
not separate legal entity - no tax planning
responsible for all losses personally
no lifetime capital gains exemption
Disadvantages of corporations
losses at startup retained in corporation and cannot be used against other income
separate tax return required
higher admin costs, legal costs due to complexity