Any small business must choose a legal form of ownership.
The most common forms include the
sole proprietorship, partnership, and corporation. A large number of small enterprises start up as sole proprietorships. These businesses are owned by one person, typically the person who is responsible for running the business on a daily basis. The owner takes all responsibility for any of his/her liabilities or debt obligations. The advantages of sole proprietorship are; it is easy to set up, the owner has total authority over all company decisions, and he/she keeps all earnings. In addition, the company can be quickly discontinued, if needed. In the meantime, the disadvantages are; the company can be difficult to sustain. Also, the owner is directly responsible for company obligations and, finally, he/she may have limited expertise and experience. The next legal form is a partnership in which two or more individuals share the ownership of a single company. As the company owners, the legislation does not discriminate between the business and the shareholders. Its advantages are; it is also easy to establish, owners may have multiple sources of capital, risks are spread across partners, and there is only minimal state intervention. While its disadvantages are; Partners are jointly and separately accountable for the negligence of the other partners, income must be shared with others, and as decisions are shared, disagreements may arise. Eventually, the partnership may have a limited life. Finally, the last common legal form is corporation, operated by the state in which it is located, is considered by law to be a distinct entity, distant and different from those who own it. A corporation may be taxed; it may be held liable; it may enter into legal arrangements. Its shareholders are the owners of the corporation. Shareholders shall elect a Board of Directors to manage important policies and decisions. The company has its own life and does not disband as management changes. The advantages of a corporation are; the investors have no responsibility for the debts or decisions against the corporation. Usually, owners should only be held liable for their contribution in the company's assets. In addition, companies may collect additional funds through the selling of bonds. A corporation may deduct the cost of benefits it provides to officers and employees, may elect the status of S Corporation if certain requirements are met. This election allows the company to be taxed in the same way as a partnership. Contrary to this, the process of integration takes more time and more resources than most modes of organization. Corporations are regulated by federal, state and certain municipal authorities, which can result in additional paperwork to comply with the legislation. Incorporation may result in higher overall taxes. Lastly, dividends charged to owners are not excluded from corporate taxes; this income will also be assessed twice.