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The business world is rife with risk. Lawsuits from competitors and customers are, unfortunately, on the rise. To protect yourself and your business, you need to take steps. This means forming a business entity. In making the decision, it is important that you understand some of the verbiage commonly, and incorrectly, used. You will be told this is all about incorporation, but it really means the choice between a corporation, LLC, and other entities. Picking a business entity is difficult for most people. The problem is each option offers pros and cons. Who is to know which one should be selected? Well, let's take a closer look at the choices you have. Most businesses are small businesses that live a risky life by not forming business entities at all. These are known as sole propretors. The risk with this approach lies in the lack of protection from personal liability for business debts. What if you have two owners of an unincorporated business? The default designation is a general partnership. The tax situation is a bit better, but liability is a big problem. You are personally responsible for debts and lawsuits of the partnership. Although the partnership is often a default situation, it is form of business that can be elected. Why would someone form a partnership? Primarily for flexibility and tax purposes. There are no corporate formalities and taxes flow to the partners' returns. The LLC is a very popular entity, but most people don't realize it has only existed for the last 30 years or so. The LLC is touted as the wonder business entity because it provides the tax aspect of a partnership and protection of a corporation. When something is touted by politicians as an answer, one should be wary. The same holds true for the LLC. Yes, it offers flexibility and asset protection, but it also comes with outrageous taxes and fees that make it a less attractive choice. The corporate entity is the beast of business entities. Created hundreds of years ago, it is the basic business entity of stock markets and multinational businesses. It is best known for providing protection to owners from business debts. All is not good when discussing the corporate entity. Before choosing a corporation, you need to recognize there are a ton of formal rules that must be followed. Most entities end up retaining a busines attorney, which costs money. To determine the best choice for your business, it is worth slapping down a few dollars to talk with a CPA and attorney. General discussions about business entities are great and all, but you need advice about your specific situation.
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