Skip to main content
Business Tax PlanningFinancial Planning

Business Entity Formation – What is the Right Strategy for Your New Company?

By June 3, 2015February 12th, 2024No Comments

business formation entity; lawrence israeloff tax attorney / cpa; melville nyStarting a new business is exciting, but it requires many important decisions. One of the earliest and most crucial decisions is what type of business entity to form. Your choice of business entity provides structure and a framework for your company. It also influences your company’s relationship and interaction with outside parties. For example, the type of business entity affects its tax treatment with the IRS.

The four main types of business entities to choose from are sole proprietorship, partnership, limited liability company, and corporation. You should consult with a professional to determine which business entity is right for you.

What do you need to consider when choosing a business entity?

Legal Liability

Different businesses tend to have different levels of potential liability. This means the owners might take personal financial and legal risks to operate the company. Personal assets could be seized if legal action is brought against a business. Operating a business through a legal entity will protect personal assets from business-related claims and lawsuits.

Federal and State Taxes

Each business entity has its own unique tax ramifications, and the different entities can each provide different tax savings depending on the type of business involved.

Cost of Formation

There are costs associated with forming and maintaining a business entity. So while each type of entity provides certain benefits, some entities can be expensive to create. If operating a business through an entity provides no protection or benefit in your situation, there is no sense in making the financial investment.

Future Considerations

Each business is different, so it is important to consider the current and future personal and business needs of the owners of a business. Creating a business plan that includes short-term and long-term goals can make it easier to determine the best organization for a business today and into the future.

Forming Your Business Entity

Now that you know what to consider when choosing an entity, what are your choices?

Sole Proprietorship

A sole proprietorship is a business with a single owner operated without forming a separate legal entity. It is the most common and easiest to create. The downside is the single owner is held personally liable for all financial obligations of the business.


Partnerships allow two or more people to share the profits and losses of a business. The benefit of this organization is that the entity itself does not pay tax and it can provide liability protection for certain partners. The disadvantage is that at least one partner must be personally liable for the financial obligations of the business.


Corporations are legal entities separate from their owners, so none of the owners are personally liable for the financial obligations of the business. Forming a corporation can be expensive, and during the life of the corporation extensive record keeping is required. Certain types of corporations are subject to tax in addition to their owners, so it is important to discuss with an attorney the different types of corporations that are appropriate for your specific situation.


Limited liability companies (LLC) allow owners to take advantage of the benefits of both corporations and partnerships. This means that all of the owners are protected from personal liability, and the entity itself does not pay tax.

Ultimately, you need to think carefully about which business entity is right for you and your situation. Seek expert advice, consider the unique needs of your business and its owners, and make the most educated decision possible that will benefit the business now and in the future.