Understanding Which Business Structure is Best for Tax Purposes

Starting or expanding a business is an exciting journey filled with countless decisions, but perhaps one of the most crucial choices entrepreneurs face is selecting the right business structure, such as “Which Business Structure is Best for Tax Purposes.” Your legal framework not only impacts how your business operates, but it also has important tax implications. A basic understanding of the tax features of different business structures can save much-needed capital, improve your financial stability, and enhance your likelihood of long-term success. In our previous article, we discussed some of the legal considerations of different business organizations. Here we will explore the tax side of various business structures.

I. Sole Proprietorships and Taxes

A sole proprietorship is the simplest form of business organization and exists anytime one person owns a business without filing any formal paperwork. From a tax perspective, sole proprietorships are similarly straightforward. The business owner reports all income and expenses on Schedule C of their personal Form 1040 tax return. No separate business tax return is required. Simplicity is the most significant advantage of sole proprietorships. The primary drawback is that, in addition to your regular income tax, all bottom-line income generated by a sole proprietorship is also subject to the 15.3% self-employment tax.

II. Partnerships and Taxes

A partnership is formed anytime two or more people come together to run a business. While partnerships offer flexibility and shared responsibilities, they also have unique tax treatment. Income generated by partnerships pass-through to the partners personal tax returns, so the business itself does not pay taxes. Instead, the partners get taxed on all income on their personal tax returns. There can be a lot of flexibility and nuance in the character of the income and how it gets taxed.

That flexibility is a prized feature of partnership tax. Partnerships file an informational tax return (Form 1065) each year to report the business’s income and expenses, as well as the allocation of profits and losses among the partners, who themselves receive a report of their share of the income to claim on at Form K1. Partnership income is generally subject to self-employment tax, though there can be important exceptions and opportunities that may be available.

III. Limited Liability Companies (LLCs) and Taxes

Limited liability companies blend the liability protection of a corporation with the flexibility and tax benefits of a partnership. LLCs can choose how they want to be taxed, allowing them to elect to be treated as a sole proprietorship, partnership, or even a corporation. By default, an LLC with multiple members is taxed as a partnership, and a single-member LLC is treated as a sole proprietorship. However, LLCs can also choose to be taxed as a Subchapter-C or as a Subchapter-S corporation, as may be desirable. 

IV. Corporations and Taxes

1. S-Corp

An S Corporation (S-Corp) is a type of business entity that combines the liability protection of a corporation with the tax advantages of a partnership. The “S” in S-Corp refers to the subchapter S of the Internal Revenue Code that governs this type of corporation. One of the main benefits of an S-Corp is the pass-through taxation, where profits and losses are passed on to the shareholders and reported on their individual tax returns. This can result in potential tax savings compared to the double taxation that C Corporations face.

Additionally, an S-Corp provides limited liability protection, separating the personal assets of shareholders from the debts and liabilities of the business. S-Corps also offer flexibility in terms of ownership structure and transferability of shares, making it easier to attract investors or reward key employees. However, it is important to comply with certain requirements, such as having fewer than 100 shareholders and only allowing individuals, certain trusts, and estates as shareholders. Consulting with a legal and tax professional is advisable to determine if an S-Corp is the most suitable business entity for your specific needs and goals.

2. C-Corp

A C Corporation (C-Corp) is a type of business entity that offers distinct advantages to entrepreneurs and business owners. One key benefit is the limited liability protection it provides to shareholders, separating their personal assets from the debts and liabilities of the corporation. This shields individuals from personal financial risk and can attract investors who value this level of protection. Another advantage is the ability to issue different classes of stock, allowing for flexibility in ownership structure and the potential to raise capital through stock offerings. Additionally, C-Corps can provide certain tax benefits, such as deductible business expenses and the ability to retain earnings within the corporation.

However, it is important to note that C-Corps are subject to double taxation, as both the corporation and its shareholders are taxed on profits. Despite this, the benefits of limited liability and the ability to attract investors often outweigh the tax implications. Consulting with a legal and tax professional is crucial to understand if a C-Corp is the most appropriate business entity for your specific needs and objectives.


In conclusion, the choice of the business structure directly impacts tax opportunities, and navigating the complex world of taxes can be daunting. However, by working with a business attorney who specializes in tax matters, business owners can gain confidence in balancing their organizational needs with tax requirements.

Investing in legal advice is an essential step towards achieving long-term success in your business. A knowledgeable attorney can provide guidance tailored to your specific business structure, ensuring that you make informed decisions that align with your goals and objectives. They can help you identify tax advantages, minimize tax liabilities, and maximize your financial outcomes.

Furthermore, seeking legal advice from a specialized attorney offers benefits beyond tax implications. They can assist with various legal matters related to your business structure, such as compliance with regulations, protecting intellectual property, and negotiating contracts. By partnering with a trusted legal advisor, you can address legal challenges effectively and ensure the sustainability and growth of your business.

Understanding the tax implications of different business structures and seeking competent legal advice are vital steps for business owners. These actions are crucial as they enable you to navigate the intricate tax landscape, maximize tax benefits, and ensure compliance with regulations. When determining Which Business Structure is Best for Tax Purposes, consulting with our attorney today is highly recommended. Their invaluable guidance and support will contribute significantly to the long-term success of your business. Don’t hesitate to reach out to our attorney to gain the necessary insights and assistance tailored to your business’s specific tax needs.