Business Form and Taxation: Pros and Cons
By Jade Yeban, J.D. | Legally reviewed by Aviana Cooper, Esq. | Last reviewed May 22, 2024
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When you're starting a business, one of the first decisions you'll have to make is whether to be a sole proprietorship, partnership, corporation, limited liability company (LLC), or nonprofit organization. The type of business form you choose will depend on the nature of your business, its goals, and other factors, including taxation.
While taxes should not be your only consideration when choosing a business legal structure, it's a good idea to compare the tax obligations and regulations of each. The taxation pros and cons of each type of business form are listed in the following chart.
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Understanding Business Forms and Federal Tax Law
Understanding how federal tax applies to different business forms is essential for small business owners, entrepreneurs, and taxpayers. This guide breaks down the concepts, helping you navigate the complexities of business taxes.
Business Form | Pros |
Cons |
---|---|---|
Sole Proprietorship |
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Partnership |
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S Corporation |
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|
C Corporation |
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Limited Liability Company (LLC) |
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Key Elements of Business Taxation
Understanding the various taxes that apply to businesses is essential. C corporations (C corps) encounter corporate income tax on their net income. This is a distinct feature from individual income tax, which applies to small business owners of pass-through entities who report their business income on personal tax returns.
Beyond income taxes, businesses must be aware of sales tax, often levied by states on the sale of goods and services. They must also know about payroll taxes, which are mandatory for businesses with employees. These taxes cover contributions to Social Security and Medicare. In specific cases, businesses may also be subject to excise taxes applied to certain products or services.
Tax Preparation and Filing for Businesses
Navigating the tax preparation and filing process requires understanding several key terms and concepts. The tax year, whether a calendar or fiscal year, is the 12-month period for which taxes are calculated. Gross receipts represent the total revenue before deductions. Taxable income is what remains subject to tax after exemptions and deductions.
Tax credits, which reduce the tax bill dollar-for-dollar, differ from deductions that reduce taxable income. Small businesses often have to pay estimated taxes throughout the year based on the expected tax due. It's crucial to be aware of filing requirements, including due dates such as April 15th for individuals and March 15th for most corporations. You should also know the specific tax forms required for different types of taxes.
State-level considerations, such as franchise taxes or the role of the comptroller in tax collection, vary by state. Staying informed about income tax rates is important for accurate record-keeping. Seek a tax professional for professional assistance in navigating the complexities of business taxation.
Additional Resources
For additional guidance on structuring and managing your business, see the articles below.
- Benefits and Drawbacks of Different Types of Business Entities
- Business Forms and Management of the Business: Pros and Cons
- Business Structures: Which One is Best for Your Business?
Get Help With Your Business Taxation Concerns
There are many factors to consider when deciding on the best legal structure for your business, including tax implications. Rather than trying to figure it all out on your own, consider using a reputable DIY business formation service, or reach out to a lawyer.
An attorney can help determine the right business structure and prepare the necessary paperwork to set it up. There are tax law attorneys near you who can help you make the right choices for your business.
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