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Business formation is the process of legally establishing a new business entity, such as a corporation, limited liability company (LLC), partnership, or sole proprietorship. This process involves registering the business with the appropriate state or local government, obtaining necessary licenses and permits, and creating legal documents outlining the business's structure, ownership, and operations. Business formation is an important step for entrepreneurs and business owners, as it can impact factors such as liability protection, tax treatment, and operational flexibility.
Guard your personal assets from business liabilities or claims.
Have the flexibility to choose the tax structure you prefer, which can help you save money.
Having a registered business entity makes your business look more professional.
The simplest way of structuring your business to protect personal assets.
Create an organization to give back and be eligible for tax breaks.
Plan to issue shares, go public, or go global? Go there as a corporation.
Go by a different business name without creating a new company.
Better for max flexibility in how you manage and run your business; board of directors not required
Unlimited owners (aka 'members') allowed
You're not personally on the hook for business liabilities
Taxed once or twice; you're free to choose which can help minimize taxes
Ongoing filings and fees to stay in compliance
LLCs can't go public
Not recognized globally; you may be taxed as a corporation in other countries
Better for smaller corporations
100 shareholders max
Owners can only get common stock
You're not personally on the hook for business liabilities
Taxed once—only shareholders pay on profits received
Ongoing filings and fees to stay in compliance
Less management flexibility; must have a board of directors
More admin; strict rules about holding meetings and keeping records
All shareholders must be U.S. citizens or residents
Best if you plan to go public one day; can issue shares to founders, employees, and investors
Unlimited owners (aka 'shareholders') allowed
Owners may get preferred stock
Recognized internationally
Preferred by investors
You're not personally on the hook for business liabilities
Taxed twice—business pays at the corporate level, and shareholders pay on income received
Ongoing filings and fees to stay in compliance
Less management flexibility; must have a board of directors
More admin; strict rules about holding meetings and keeping records
Best if you're supporting a good cause and want to protect your personal assets
No owners; you can start or oversee a nonprofit, but you can't technically own it
Looks more official to potential donors
Gives you access to public and private grants
You're not personally on the hook for business liabilities
Tax exempt—if you have 501(c)(3) status with the IRS
Ongoing filings and fees to stay in compliance
Less management flexibility; must have a board of directors
More admin; strict rules about holding meetings and keeping records
Pricier application and filing fees if you try for 501(c)(3) tax-exempt status
Better if you need an easy set-up
No paperwork to start; you may still need a DBA or business licenses to operate legally
One owner max
You're personally on the hook for business liabilities
Taxed once—you pay on profits in your personal tax return
Less hassle; separate tax return not needed
No personal liability protection
Both an LLC and a corporation provide protection to owners against business liabilities and debts. However, there are key differences in ownership structure (LLCs have individual owners while corporations have shareholders) and record-keeping requirements (corporations typically have more formal requirements). Although LLCs are generally easier to establish and maintain, investors usually prefer corporations.
The primary difference lies in their tax treatment. C corporation income is subject to double taxation, with the business paying taxes on net income and shareholders paying taxes on their profits. In contrast, only the shareholders of an S corporation pay taxes on their profits.
The main difference is personal liability protection. An LLC shields owners from being personally responsible for business liabilities or debts, whereas a sole proprietorship does not.
LLCs, S corporations, and sole proprietorships are taxed only once on their profits. C corporations are taxed twice, with the business paying taxes at the corporate level and shareholders paying taxes on their income. Nonprofits with 501(c) (3) status are exempt from federal income taxes.
LLCs, corporations, and nonprofits all offer personal liability protection, while sole proprietorships and DBAs do not.
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