NCH was FANTASTIC in giving us advice about the types of entities we needed for our businesses and the way to structure our organizations for tax benefits long term. NCH evaluated what we already had and gave genuine advice. I appreciated their honesty!
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The Right Business Entity
Determining the best entity structure for your new business is challenging. That’s where NCH comes in. We’ll help you choose the right structure for your business regardless of the industry.
Business Entities
As a business owner, you should have foresight on what entity structure best suits your business or venture. So, we’ve compiled a quick guide explaining the advantages and disadvantages of the different business entities available. Keep in mind that these are general overviews of the types of businesses you can establish. When it’s time to decide, contact NCH for a FREE consultation. Whichever entity you choose, we’ll make sure it provides the maximum tax and asset protection benefits available.
What Is a Business Entity?
A business entity is a legal structure created to conduct business activities. It can take different forms, such as a limited liability company (LLC), sole proprietorship, partnership, corporation, non-profit, and franchise. Business entities are separate from their owners and have their own legal rights and obligations.
These legal entities are used to organize and manage businesses, and they provide various benefits, such as protecting personal assets, limiting liability, and facilitating tax planning.
Why Choosing the Right One Matters
Before opening a business, it’s important to select a suitable entity. The top reasons for choosing the right business structure include:
Liability Protection
Different business entities offer varying degrees of liability protection for the owners. For instance, a corporation provides the strongest liability protection, whereas sole proprietorships offer the least. If the business has been sued or faced financial struggles, the right business entity can shield the owners’ personal assets from being seized to pay off debts.
Tax Implications
Each business entity has different tax implications. A sole proprietorship is elected to be taxed as an individual, while a corporation is taxed separately. You can minimize tax liabilities and maximize tax benefits with the right business entity.
Ownership Structure
Some business entities, such as partnerships and corporations, allow for multiple owners, while others, such as sole proprietorships, do not. Having the right one can help to ensure that the ownership structure aligns with the business’s goals and objectives.
Fundraising
Certain business entities, such as corporations, can issue and sell stocks to investors to raise capital. Other entities, such as sole proprietorships, may have limited options for raising funds. The proper business entity can help to facilitate fundraising efforts.
Growth and Expansion
As a business grows and expands, changing its legal structure may be necessary to accommodate its evolving needs. Choosing the right business entity from the outset can help ensure the business is well-positioned for future growth and expansion.
The Formation Documents Needed For Your Business
Depending on your chosen business entity, you’ll need the following documents to establish it.
- Articles of incorporation or organization - Corporations need articles of incorporation, while articles of organization are required for LLC formation.
- Corporate bylaws for corporations
- An operating agreement for LLCs
- Annual reports for corporations and LLCs
- An assumed name, fictitious name, or “doing business as” (DBA) name certificate for sole proprietorships
- A partnership agreement outlining the terms of a business relationship for partnerships
- An Employer Identification Number if your business manages employees
State laws may also require you to obtain a general business license. Nevada issues this license to all business entities operating in the state.
Let’s Find the Right Entity for You
NCH is here to help you understand what business entities are and how to create the right one for your unique needs. With our extensive experience and expertise, we can provide guidance that will put you in the best position to succeed.
Regardless of what entity you choose, NCH will guide you every step of the way. Get started by calling one of our business formation specialists at 1-800-508-1729.
Got a Question? Start Here
A company is a specific type of business entity that engages in commercial activities. An entity is a broader term that includes any organization or structure recognized by law, such as corporations, LLCs, partnerships, and non-profits.
Business entities provide a legal framework for conducting business. They legally organize individuals' efforts and resources to engage in commercial activities, protect personal assets, manage risks, as well as facilitate taxation and regulatory compliance.
LLC members are usually not required to be individually listed on the LLC’s tax return. However, their personal tax returns should reflect their income or losses from the LLC. Single-member LLCs file as sole proprietors, while multi-member LLCs file as partnerships, including members' details in Schedule K-1.
Yes, an LLC must file taxes even if it has no income. Filing requirements may vary by state and federal regulations. It will also depend on the LLC’s tax classification (e.g., single-member, partnership, or corporation). But in most cases, an informational return is a must.
A company is considered an incorporation once it has filed articles of incorporation with the state and received approval. This process legally establishes the company as a corporation.
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At NCH, we’ll work with you no matter which entity you choose. If you need help selecting the entity that best suits your needs or help comparing business entities, please contact a business formation specialist today at 1-800-508-1729.