explain the legal structure of a business

Can you help clarify this for me? Your email address will not be published. Hope it is helpful to you Sandy…. If you have (or plan to have) more than one business under your ownership, read more about how multiple business structures can face different tax consequences here. For legal and tax purposes, the business owner and the business, are one and the same. What Happens to PPP Loan When Selling a Business, Closing Business Deals in the COVID-19 Era, Letter of Intent to Purchase a Business Guide, Tips for Expediting the Sale of Your Small Business, By default, a single member LLC is treated as a sole proprietorship and if it has multiple members, the LLC is treated as a partnership; and alternatively. Instead, it is a corporation which has applied for and obtained permission from the Internal Revenue Service to be treated under one of the non-profit tax codes. So far I have gotten an DBA but not sure if I need an LLC although I know it seems that it would be neccessary to protect myself Im trying to start with as little cost as possible. One for the cattle, which makes more than the limit and will not be a cottage industry. It is impressive, smart and shows a commitment to entrepreneurialism. Florida law states that because the feds require the animals be slaughtered and processed in a federally certified facility I am only a “middle man” and can sell this meat on-line. It’s not possible or necessary to have multiple tax ID numbers for a single company. You should consider consulting with an Attorney licensed to work in your state as you work through these matters. Much appreciated… If you have a Limited Liability Company which owns the commercial building which is operating vacation rentals, you already have a business. We'll be updating our website on Thursday 26 November 2020 between 6am and 8am (AEDT). If you want to add new locations, filing for a separate LLC (with the numerical extension) is still wise to do. It affects your legal obligations. The advice and input you are giving is invaluable. If by election, the shareholders of a corporation choose to elect Sub Chapter S federal tax treatment, then the income, expenses and certain other tax credits will not be taxed at the corporation’s level. All the best Peter! And everything must be entered into the corporation’s books and records. The four most common types and basic forms of business legal structures in the United States include: This post is intended to help you understand which option may be the best fit to meet your business and personal goals and to explain the key differences among the various business structures. It would be wise to disclose in the site’s terms and conditions the business entity(s) which are tied to the site. 2. This post is intended to help you understand which option may be the best fit to meet your business and personal goals and to explain the key differences among the various business structures. https://www.nolo.com/legal-encyclopedia/how-qualify-foreign-business-new-york.html. also this is a 50/50 partnership where we will be splitting 50/50 of the profits and expenses with plans to open up additional locations under the new DBA as basically a sister store the exiting business.. Can you please explain to me what if any protections i have and what if any legal documents i should have in order to protect my investments and future business.. Hi Peter, I strongly recommend you speak with an Attorney to represent you as you take steps to co-own a business with your employer. Here’s where you may request help from an Attorney to help you if you do not have legal counsel already. SBA Reopens Economic Injury Disaster Loan Applications, Covid-19 Shuttered Businesses May Recover Employee Payroll Costs. Thank you. A non-profit entity is not a separate business entity at all. I also am having trouble finding out if NY has a franchise tax and if there is a fee for the initial and annual reports? The fictitious name certificate merely grants the sole proprietor the right to use the alternative DBA trade name on his or her business signs, invoices, investment accounts, leases, business contracts, business checking accounts, etc. If you are not sure which legal structure would best suit your business, you can get advice from an accountant or solicitor. Required fields are marked *. In addition, LLCs are simpler to form than a Corporation and generally cost less to operate from an administrative perspective. She helps entrepreneurs assess, re-align, and accelerate their business with the intent of ultimately executing its top-dollar sale. When forming an LLC for a business that will operate virtually, I have read conflicting articles about how to file business paperwork. We are going to pay ourselves an hourly rate as if we are employees. Holly thank you for all the wonderful information you give. Disclaimer The information provided is not designed or intended as legal or financial advice. Becoming a sole trader Being a sole trader is the simplest way to run a business. Hi Jay, I am not sure what you are asking me Jay… that said, I will try to address what’s typically confusing when it comes to doing business in another state outside the state in which your business was formed: 1. When beginning a business, you must decide what form of business entity to establish. It affects your legal obligations. Conversely, a Limited Partner’s personal assets are at risk only to the extent of the Limited Partner’s investment in the business. I was also told that the staff I would use would be considered independant contracter since I was trying to make it as simple as possible for myself and would prefer they handle their taxes and want to be the sole owner is that true? When nexus is established in another state by a business (even if you have not registered your business in the state as a foreign entity), the collection of sales tax is going to be required. × business.gov.au. The business’s income and assets all belong to the owner, and he or she, is solely responsible for any debts incurred by the business. If you are not sure which legal structure would best suit your business, you can get advice from an accountant or solicitor. DBAs, Trademarks & Other Tools To Help You Grow A Valuable Business, Choose the Best Business Entity for your New Business, How to Successfully Acquire A Business In A Seller’s Market. As the name suggests, it means that an individual business owner gets to operate the establishment on their own. A sole proprietorship is a business that is owned by one individual and who has not formed any type of business entity such as a partnership, LLC or corporation. Legal Structures of Businesses. That’s not a good situation if your business is doing business all over the U.S.! In other words, the vacation rentals units, owned by the LLC, is a business. There are several business structures, the first four are the most widely used in Australia: Sole trader - an individual trading on their own. Such formalities start when the business is formed. By default a corporation is treated for federal tax purposes under U.S. An LLC offers the best of two worlds. For those states which offer this form of multiple business structure, the LLC cells held in the series are considered to be a single entity from a legal perspective. Hope this helps you a bit Alan! One of the biggest differences between a corporate structure and all other forms of business structures is the formalities the officers and directors must maintain to retain the corporation’s independent, or separate legal status from its shareholders. Your form of business determines which income tax return form you have to file. You do not pay any registration fees, keeping records and accounts is straightforward, and you keep all the profits. 2. And if you intend to sell your business, its legal structure also will have an impact on many aspects of the sale process and the taxes you eventually will be required to pay. Part Two in this Series about How to Structure Multiple Businesses Under a Single Business Entity. Hi Christine I am trying to start up a caregiving service after 20 years of being a caregiver but I am not clear where to start, I would be running it by myself and assigning caregivers to clients and I am doing this all from home. Similar to a Professional Corporation, the PLLC may be used when employee-owners provide certain personal services under a Limited Liability Company entity structure. If you form a corporation, you must pay shareholders who perform services for the business via a paycheck and report the compensation on a Federal W-2 form at the end of the year.

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