How to Choose the Right Business Entity for Your Business

How to Choose the Right Business Entity for Your Business
Zachary J. Montgomery JD, CPA, CFE
Written By: Zachary J. Montgomery, JD, CPA, CFE
Managing Member
Published On: 
February 13, 2023

Starting a business can be an exciting and sometimes overwhelming venture. When it comes time to choose the right business entity for your needs, it’s important to consider what type of structure that best suits your current and future goals. Are you looking for a corporation, S corporation, or partnership? This blog post will explore the benefits and drawbacks of each business entity, so you can make a more informed decision.


A corporation is a separate legal entity from its owners, which means that shareholders are not personally liable if the company incurs debt or any other liabilities. Corporations also offer some tax advantages, such as the ability to deduct employee benefit costs and depreciation of business assets. The primary downside of corporations is that they may be subject to double taxation, meaning that corporate profits are taxed first at the corporate level and then again when profits are distributed among shareholders in the form of dividends. Additionally, corporations may require more paperwork and compliance than other types of businesses.

S Corporation (S-Corp)

An S-Corp is similar to a corporation in many ways but offers some additional tax advantages. Owners pay taxes on their individual income only and not on corporate income, resulting in lower taxes overall. S-Corps also have greater flexibility when it comes to deductions as owners can use losses from their business to offset personal income tax liabilities. However, there are restrictions on who can own an S-Corp as well as limits on how much stock it can issue, so it’s important to speak with a business attorney to ensure you are structuring your business correctly.


A partnership is a type of business where two or more people share ownership of a single enterprise without necessarily forming a separate legal entity. Partnerships offer certain tax advantages like pass-through taxation, which allows partners to report their portion of partnership income directly on their individual returns rather than paying corporate taxes. Additionally, partners have the option to structure a partnership as a general partnership or a limited partnership. The drawback of general partnerships is that all partners are responsible for any debts or liabilities incurred by the business, which makes them personally liable if things go wrong with the venture. With a limited partnership, limited partners are generally shielded from such debts and liabilities incurred by the business. Additionally, if you decide to structure the business as a limited liability company (LLC) and there are two or more owners, you should know that as a default rule the IRS taxes the business as a partnership. You can, of course, elect to be treated in a different manner, such as an S-Corp, assuming the appropriate paperwork is filed in a timely manner.


Knowing what type of business entity best suits your needs can help you make an informed decision when starting or expanding your company or organization. From corporations with double taxation concerns to partnerships with personal liability risks, understanding both benefits and drawbacks will ensure you’re making an educated choice about which option best aligns with your business goals and objectives.

Contact Provident Legal Counsel today to discuss your case and legal options. Schedule a Consultation or call (214) 432-6100.

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Zachary J. Montgomery JD, CPA, CFE
Written By: Zachary J. Montgomery, JD, CPA, CFE
Managing Member
Published On: 
July 5, 2023
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