CNNMoney.com
Companies Economy International Corrections Pre-market Trading After-hours Trading Winners/Losers/Actives Bonds Currencies Commodities World Markets Money Magazine Real Estate Taxes Jobs Ask the Expert Money 101 Autos Mutual Funds The Help Desk Loan Center Best Places to Live Ask the Expert Ultimate Guide to Retirement Retirement Calculators Best Funds Ask the Mole Best Places to Retire Big Tech Blog Techland Blog Sectors and Stocks Fortune 500 Techs Tech Talk 100 Best Places to Launch Ultimate Resource Guide Small Biz Makeovers FSB 100 Ask & Answer Fortune 500 Technology Investing Management C-Suite Rankings Main Create Portfolio Edit Portfolio Create Alerts Edit Alerts
FORTUNE Small Business:

Which corporate structure is best?

Adriana Gardella looks at how LLPs compare to C corps at tax time.

EMAIL  |   PRINT  |   SHARE  |   RSS
 
google my aol my msn my yahoo! netvibes
Paste this link into your favorite RSS desktop reader
See all CNNMoney.com RSS FEEDS (close)

cllp_illo.03.jpg
Ask FSB
Get small-business intelligence from the experts. Here's a chance for YOU to ask your pressing small-business questions, and FSB editors will help you get answers from the appropriate experts.
Your name:
* Your e-mail address:
* Your city:
* Your state:
* Your daytime phone #:
* Your questions:

(FORTUNE Small Business) -- Dear FSB: Is a C corp or an LLP the better way to set up a business with first-year revenues in excess of $2 million?

- Michael Dotson, Pasadena

Dear Michael: Choosing the ideal form of business organization from the alphabet soup of options is an issue that plagues many entrepreneurs. We tried to contact you to learn more about your business, and the best answer depends on those specifics. But in your home state the choice may be simpler - and may involve an alternative you didn't mention. California, like most states, limits the use of the LLP to professionals, who are narrowly defined there as licensed accountants, lawyers, and architects. If that's not you, an LLP won't work.

Instead, consider this: "Many small-business owners seeking to protect their personal assets decide between forming a corporation or a limited liability company," says Esther Barron, clinical assistant professor at Northwestern Law School in Chicago. "Both form offer owners limited liability protection, assuming they adhere to certain formalities," she says. Yet they differ in their tax treatment. "C corporations can face double taxation," says Barron. "Their profits are taxed at the corporate tax rate, and the shareholders are taxed again when the money is passed on to them in the form of dividends."

David Sokolow, who teaches business associations at the University of Texas Law School in Austin, notes, "Traditionally, a partnership form offered pass-through taxation, which keeps you from being taxed twice. Today you can achieve the same sort of thing with an LLC." Regarding taxes, your firm's revenue is less relevant than your profit, which is the taxable sum, says Sokolow. Your decision will require you to assess several additional factors, such as cost, simplicity, and limits on how you may raise capital. "In recent years the LLC has become the fastest-growing business form chosen by small-business owners," he says. To top of page

What corporate structure do you recommend for Michael? Talk back here.

Why you should incorporate your business

How do I become an LLC?

The difference between an S-corp and LLC

This column provides general information only and is not intended to replace the services or legal advice of an attorney. Always consult a lawyer regarding any specific legal concerns, as laws vary from state to state.
Features
  • obama_official_portrait.04.jpg
    Not even ultra-dapper President Obama could help Hartmarx, the Chicago-
    based clothing maker. More
  • great_adventure_map.04.jpg
    It's been a thrill ride for Six Flags, and the amusement-
    park operator had to wave the white flag. More
  • pilgrims_pride.04.jpg
    The company has gone to the chickens despite producing 42 million dozen table eggs per year. More
  • vallejo_california.04.jpg
    This Bay-area town sought assistance after plunging property tax revenue left coffers empty. More
  • daily_blossom_site.04.jpg
    The bloom is off this celebrity florist as corporate budgets for flower arrangements disappear. More
  • debt_bills.ju.04.jpg
    Isn't it ironic that a company with a mission to help others avoid bankruptcy was unable to help itself? More
  • nrg_coal_plant.04.jpg
    What happens when one energy company refuses to be swallowed by a bigger rival? More
Markets Last Change
Dow Jones 8,183.17 4.76 / 0.06%
Nasdaq 1,752.55 5.38 / 0.31%
S&P 500 882.68 3.12 / 0.35%
10-year Bond 97 20/32 Yield: 3.40%
U.S.Dollar 1 euro = $1.396 -0.006
July 9, 2009 4:02 PM ET
CompanyPrice% Change
YRC Worldwide Inc 1.42 59.55%
American Intl Group Inc 9.50 -27.48%
Beazer Homes USA Inc 1.64 13.10%
KB Home 12.46 9.47%
Jul 9 3:56pm ET †
The best credit card for you All credit cards are not created equal. Here are a few we like. More
New Jaguar XJ: Tata's luxury flagship Jaguar rolls out a new top-of-the-line luxury sedan -- the finishing touch on a troubled brand's make-over. More
Cyber-bureaucracy in India An intrepid entrepreneur looks to make millions bringing e-governance to India's remote villages. More


© 2009 Cable News Network. A Time Warner Company. All Rights Reserved. Terms under which this service is provided to you. Privacy Policy
Copyright © 2009 BigCharts.com Inc. All rights reserved. Please see our Terms of Use.
MarketWatch, the MarketWatch logo, and BigCharts are registered trademarks of MarketWatch, Inc.
Intraday data provided by Interactive Data Real-Time Services and subject to the Terms of Use.
Intraday data is at least 20-minutes delayed. All times are ET.
Historical, current end-of-day data, and splits data provided by Interactive Data Pricing and Reference Data.
Fundamental data provided by Morningstar, Inc..
SEC Filings data provided by Edgar Online Inc..
Earnings data provided by FactSet CallStreet, LLC.