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Business structures

Sole proprietor, LLC, S corp.

Seven rows on what actually differs between them. No recommendation, because which one fits turns on facts about your business and your state that this page does not have.

Sole proprietorNo filing to existLLCFiled with the stateS corporationA tax election, not a structure
What it isThe default. If you start working for yourself and file nothing, this is what you are.A separate legal entity created by filing a formation document with a state.An election made with the IRS about how an existing entity is taxed. An LLC or a corporation elects it.
LiabilityNo separation. Business debts and claims reach personal assets.Separation, as long as the entity is kept separate in practice: its own account, its own records, no mixing of funds.Follows whatever entity made the election. Electing S status changes tax treatment, not liability.
How it is taxedProfit is reported on the owner's personal return. Self employment tax applies to all of it.By default the same as a sole proprietor for one owner, or a partnership for several. The entity itself pays no federal income tax.Profit still flows to the owners' personal returns, but an owner working in the business is paid a wage, and only that wage carries employment tax.
OwnershipOne owner. Adding a second changes what it is.Any number, and members can be people, companies or trusts.Limits apply: a capped number of shareholders, and shareholders have to be US individuals or certain trusts and estates.
What it costsNothing to exist. Local licences may still apply.A state filing fee, and in most states a periodic report fee after that.Nothing to elect, but it adds a separate business return and a payroll obligation, which usually means paying someone to run it.
Ongoing workRecords for your own tax return.Keep the entity current with the state, keep money separate, file the periodic report where one is required.Everything the underlying entity requires, plus payroll, plus its own annual return.
Where it tends to fitTesting something, or a business with little to lose in a claim.Anything with customers, contracts, premises or staff, where a claim reaching personal assets would matter.Businesses already profitable enough that the employment tax saved is larger than the cost of running the payroll and the extra return.

Sole proprietor

No filing to exist

What it is
The default. If you start working for yourself and file nothing, this is what you are.
Liability
No separation. Business debts and claims reach personal assets.
How it is taxed
Profit is reported on the owner's personal return. Self employment tax applies to all of it.
Ownership
One owner. Adding a second changes what it is.
What it costs
Nothing to exist. Local licences may still apply.
Ongoing work
Records for your own tax return.
Where it tends to fit
Testing something, or a business with little to lose in a claim.

LLC

Filed with the state

What it is
A separate legal entity created by filing a formation document with a state.
Liability
Separation, as long as the entity is kept separate in practice: its own account, its own records, no mixing of funds.
How it is taxed
By default the same as a sole proprietor for one owner, or a partnership for several. The entity itself pays no federal income tax.
Ownership
Any number, and members can be people, companies or trusts.
What it costs
A state filing fee, and in most states a periodic report fee after that.
Ongoing work
Keep the entity current with the state, keep money separate, file the periodic report where one is required.
Where it tends to fit
Anything with customers, contracts, premises or staff, where a claim reaching personal assets would matter.

S corporation

A tax election, not a structure

What it is
An election made with the IRS about how an existing entity is taxed. An LLC or a corporation elects it.
Liability
Follows whatever entity made the election. Electing S status changes tax treatment, not liability.
How it is taxed
Profit still flows to the owners' personal returns, but an owner working in the business is paid a wage, and only that wage carries employment tax.
Ownership
Limits apply: a capped number of shareholders, and shareholders have to be US individuals or certain trusts and estates.
What it costs
Nothing to elect, but it adds a separate business return and a payroll obligation, which usually means paying someone to run it.
Ongoing work
Everything the underlying entity requires, plus payroll, plus its own annual return.
Where it tends to fit
Businesses already profitable enough that the employment tax saved is larger than the cost of running the payroll and the extra return.

This is reference, not advice. Which structure fits turns on facts about one particular business, and on state law that differs from the general position above. The authorities are the IRS on business structures, the SBA guide, and your own state, which is on our state filing lookup. A tax professional or an attorney is the person who can apply any of it to your situation.