Business Entity Formations

Are you forming a business in the U.S. or in a foreign country but don’t know which entity to choose? The various business entities serve different purposes. Choosing the right one for your needs and goals is a big advantage when establishing your business.

Choosing the right entity for your business can maximize your tax benefits and provide pension plans and healthcare for you and your employees. Contact our business formation attorneys to learn more about how we can assist you.

The biggest mistake people make when forming a business is not choosing the entity that can meet their business needs. What works for one business may be a disadvantage to another, depending on the type of business, the number of employees, the potential tax liability and the need for pension and 401k plans.

We will explain the relative advantages and disadvantages of each entity structure, helping you choose the form that is best for your business, such as a:

• Partnership: Partnerships are among the easiest business entity to form and manage, as they involve few or no structure or reporting requirements to exist. General partners in a partnership, however, are personally liable for the debts of the business. The partnership itself does not pay taxes on earnings, but individual partners must report their share of profits or losses.
• C-Corporation: A C-corporation is the standard corporate form. Unlike partnerships, corporations generally offer personal liability protection from business debts and liabilities. To exist, however, members of a corporation have to obey certain formalities. Pays tax on the corporate entity faces tax liability for all earnings, and shareholders are required to report any distributions they receive on their individual tax forms.
• S-Corporation: An S-corporation is so-named because it is defined in Subchapter S of the Internal Revenue Code. S-corporations share almost all of the benefits of C-corporations, but are taxed similar to partnerships, in that the entity itself is not taxed on gains. However, S-corporations can only have up to 100 shareholders, all of which must be U.S. residents, among other restrictions.
• Limited Liability Company (LLC): A limited liability company is a business entity that operates under state law; every state has a statute authorizing LLCs. Generally, members of an LLC are protected from business debts, just as in a corporation. LLCs also allow businesses great flexibility in distributing profits and losses. While LLCs are typically taxed like partnerships, they can elect to be taxed as a corporation.
• Non-Profit Corporations : Non-Profit Corporations are exempt from taxes under section 501(c)(3)of the Internal Revenue Code because they are formed for charitable purposes. There are two types of non-profit corporations: (1) public benefit, such as school or charity; and (2) mutual benefit, such as a club.

Helping Business Meet with Success for Over 25 Years

Listed in the Bar Registry of Preeminent Lawyers since 1985, Oswald & Yap LLP has ABOTA Certified (less than 3% of trial attorneys nationally) and AV Rated* attorneys to assist you. For answers to other questions regarding our business-related international transaction services—contact us today.

Focused on Business, Securities and Real Estate for Over 25 Years

Listed in the Bar Registry of Preeminent Lawyers since 1985, Oswald & Yap LLP has ABOTA Certified (less than 3% of trial attorneys nationally) and AV Rated* attorneys to assist you. To find out how we can help you make the most of your business opportunities and real estate investments, both domestic and abroad, contact us today.

*AV is the highest possible rating of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures which are based on legal ability and ethical standards.