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Is an LLC or a corporation better for small businesses?

On Behalf of | Sep 18, 2024 | Business Law

Choosing between a Limited Liability Company (LLC) and a corporation is a major decision for small business owners. Both options offer benefits, but they also come with differences. 

Liability protection

Both LLCs and corporations offer liability protection for their owners. This means that personal assets, such as homes and cars, usually stay safe if the business faces legal issues or debts. In an LLC, this protection covers all members of the company, while in a corporation, it extends to shareholders. However, an LLC tends to be simpler in its setup and management while still providing this key benefit.

Tax flexibility

Taxation is another important factor when comparing LLCs and corporations. An LLC offers flexibility because it can identify as a sole proprietorship, partnership, or corporation when filing taxes. This flexibility often results in fewer taxes overall for smaller businesses. Corporations, on the other hand, face double taxation. The corporation pays taxes on its profits, and then shareholders pay taxes again on dividends.

Paperwork and management structure

Corporations often require more paperwork and follow a strict management structure with directors, officers, and shareholders. This formal setup works well for larger companies but may overwhelm a small business owner. In contrast, LLCs have a simpler management structure, allowing more freedom and less regulatory burden. This makes LLCs more attractive to smaller businesses with fewer resources and a focus on flexibility.

The right choice depends on your goals

Choosing between an LLC and a corporation comes down to the unique needs of your small business. Business owners should consider these differences to determine the best path forward.