Considering Your Business Structure

When setting yourself up as a business, you should consider the implications of different business structures. If you intend to take on staff within the first few years, you may  wish to set up a corporation. If you plan to remain a solo worker, having everything set up as a sole proprietorship may  be the best solution.

Having said  this, consider speaking to an accountant and  possibly a lawyer to seek advice about your particular scenario. You could also speak to local business bureau (such as SCORE4) or associations. They’ll take into  account your  current personal and financial situation, as well as your legal jurisdiction. Requirements for different business and  company registrations will  vary depending upon your  location.

Each different structure can  have  a considerable impact on your  taxation benefits, your  licensing and  governmental costs,  and  your  ability to grow the business in the future.

The main differences between a limited liability company (an LLC) and  a sole proprietor arrangement reside in the varying levels of possible taxation benefits, legal protection, ability to obtain finance, and  your  legal requirements.
Setting up an LLC structure has both advantages and disadvantages. The advantages include:

 

greater legal protection : If a client sues the company, only company assets can be seized to pay any judgement, not your own car or house.

greater ability  to obtain credit : Many  financial institutions and  lenders have  a preference for a company, rather than an individu­ al, for business finance.

tax benefits  :  In some  states and  locations, a company receives more  taxation benefits than a person.

This  option isn’t entirely free of disadvantages, of course. An LLC costs  money to set up,  and  there are ongoing company-related fees. Also,  financial reporting is usually more  involved than for an individual.

Being in a sole proprietor structure has its fair share of benefits, mostly to do with cost. When compared with an LLC, there’s less financial reporting for most situations, fewer  start-up administration costs,  and  not as many licensing or business costs.

There are disadvantages though, which are easily recognizable as the other side  of the LLC advantages:

zero legal protection  :  If a client should sue you,  the court can  order that your  assets be taken to pay any legal judgment.

less access to credit : Business loans are likely to be harder to get for a sole proprietor than for an LLC.

tax burdens : You may  be taxed more  than if you were  a company.

Ideally, whatever structure you create now  will  mean that  you aren’t paying more than you need to in fees and  costs,  yet allow you to be flexible enough to accommo­ date  change as your  business and  your  direction evolve.

It’s also a very good idea, regardless of your  structure, to open a bank  account for your  freelance business that  is separate from you as an individual. This  way,  you can pay yourself as if you were  an employee, and  allow a small nest  egg to grow in the business account for those quieter months.

This  account will  also be used to pay all of your  running costs,  making the book­

keeping side  of your  new  venture easier to manage.

Speak to as many other freelancers and small business owners as well, and ask them how  they  set up their own  structure—people will  soon  tell you the pros  and  cons of their decisions, and  this  can  save you a fortune in reorganization in the future.

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