You can protect your valuable business idea if creative enough to develop it into an actual business. We will discuss how to protect and keep your small business ideas behind your business structure.
These categories are used to classify business structures or entities.
- sole proprietorship
- Partnership
- Limited liability company
- Corporation
Each type has its pros and cons. We will be discussing some of these.
The sole proprietorship, which is unincorporated and run by one individual, is the easiest type of business. These are the reasons:
- You don’t need to register or fill out paperwork.
- It’s easy to change, start or close down.
- The skills and assets of both the owners and the IRS determine the value of the business. Stock is not considered a factor.
Although a sole proprietorship is a straightforward form of business, it is best for those with limited capital and staff. However, there are some disadvantages to this type of business:
- Money is only limited by the owner’s money or what he/she generates.
- For tax purposes, the owner can’t be an employee of a business.
- The business is subject to unlimited liability.
In any business, liability is a concern. This is especially true in the litigious society we live in. The ever-present cave dinosaur of liability is ready to burst at any moment. It’s impossible to predict when, why, and how it might burst onto your business. But history has shown (as recent or as soon as any day) that IT WILL HAPPEN.
While simplicity can be good, it can also be dangerous. If a sole proprietor runs a business, his capital, assets, and skills make up the business. These assets are his payment in the case of a lawsuit. A court can order the sale of assets, attach bank accounts, and freeze assets.
Many business entities can help protect your ideas and grow your business.
A partnership is another type of business. This is a partnership between two or more people working together to run a business or trade. There are several benefits to this relationship:
- Because it involves more than one person, it is more likely to have capital potential than a sole proprietorship.
- It brings together the management skills of multiple individuals
- It has passed through taxation
There are also some drawbacks to the partnership:
- The decision-making authority is split
- For tax purposes, partners cannot be considered employees.
- Unlimited, joint liability and multiple responsibilities among members
The partnership members, like the sole proprietor, can be held responsible for any actions or debts the business takes. Additionally, each partner can be held accountable for the acts or obligations of their partner.
This can cause problems, and it takes little time to notice. Different people have different ideas, different risk tolerance, and different methods. The other partners are often left with no choice but to dissolve a partnership if one partner acts in a way that is considered risky by another partner. Many associations don’t last long because of this.
The limited liability business is more flexible and, in many ways, more attractive than traditional business structures. An LLC can be considered a sole proprietorship or partnership, as well as a corporation. An LLC can be treated as a sole proprietorship or partnership if a single member fails to do so. Two or more members may become a partnership and elect to be taxed as a corporation, subchapter S, or both.
These are the advantages:
- Flexibility: Members can be individuals or other partnerships, as well as other corporations or even other LLCs.
- Flexibility in management and passing through taxation
- Members are not liable for the actions or debts of the LLC.
Disadvantages:
- It is governed and governed by the laws of each state
- In some states, it is subject to a basic annual tax raised after profits exceed a certain ceiling.
- All members must pay individual earning taxes.
An LLC is a smart and flexible way to start a business. However, the LLC’s main advantage is its limited liability to the owners. This valuable characteristic will increase in value as profits and revenues rise. More money can mean higher chances of being sued. The old “risk-reward” equation states that the more you get, the greater the risk.
Corporations can be a good way to start a business. This is especially true when profits and operations expand. A corporation is treated as a legal entity by law in the same way a person treats a person. It is considered to have a perpetual life. This means that it doesn’t die when its originator passes away. The corporation continues to be legal until it is officially dissolved.
Advantages:
- Transferring ownership is easy
- It’s easy to raise capital or expand your business.
- All shareholders can become employees of the corporation with limited liability.
Disadvantages:
- Double taxation (C Corp) means that the profits of corporations are taxed, and the earnings of shareholders are taxed
- Organizing a party can be expensive and difficult.
- Corporate officers must adhere to procedures such as corporate minutes and board meetings.
Corporations are the best choice for businesses with expanding operations, significant earnings, and defined liabilities. Certain companies have more risk than others. Some businesses also have more complex business models that require a more centralized structure. The corporation is a good business choice because it offers the most flexibility and control.
Corporations were created to promote business. The corporate veil protects individuals from personal losses in business disasters such as lawsuits and allows them to expand and grow without fear. The cover can be broken, but fraud is the only way. Fraudulent activities among corporate officers can cause the protection to be pulled back and exposed them.
