How to Select the Best Legal Structure for Your Business

Elena Hudgens
By Elena Hudgens 7 Min Read

Selecting the right legal structure for your business is a crucial decision that can have long-term implications for your company’s success. The legal structure will determine how your business is taxed, how much personal liability you may have, and the paperwork required to establish and maintain your business. 

Before moving forward with how to select a legal structure, let’s have a look at the different types of legal structures available for your business.

Different Types of Legal Structures for Your Business

It is essential to select the legal structure before starting your business. There are several legal structures, including sole proprietorship, partnership, corporation, and limited liability company (LLC). Here is a brief overview of the above-mentioned legal business structures:

Sole Proprietorship

A sole proprietorship is a business that is owned and operated by a single individual. It does not have any formal structure or paperwork, so it is easy to create and maintain. However, the owner of the business will be personally liable for any debts incurred by the company.


A partnership is a business that is owned and operated by two or more individuals. Each partner will be held personally liable for any debts incurred by the business, and each partner may need to contribute financially to help run the company.


A corporation is an independent legal entity created under state law. It has shareholders who own the company and have limited liability protection from debts incurred by the company. 


An LLC (limited liability company) is a hybrid legal structure that combines the aspects of both a corporation and a partnership. It offers limited liability protection for its owners, but also provides more flexibility when it comes to taxes and management structures.

Important Factors to Consider for Selecting the Best Legal Structure for Your Business

Each business structure has its own advantages and disadvantages, so it’s important to understand what each structure entails and how it could impact your business.

Liability Exposure

Depending on the type of legal structure, you may be personally liable for any debts incurred by your business. Sole proprietors and partnerships have unlimited personal liability, which means that the owner’s personal assets are at risk if the business is sued or goes bankrupt. 

On the other hand, LLCs and corporations provide limited liability protection, meaning that the owner’s personal assets are generally protected. Ensure to consider how much liability protection you need when selecting the proper structure for your business.

Tax Implications

Different legal structures have different tax implications. Sole proprietors and partnerships are taxed as pass-through entities, which means that the business’s profits and losses are reported on the owners’ personal tax returns. 

Corporations are taxed separately from their owners, which means that they may be subject to double taxation. LLCs can also be taxed as pass-through entities or as corporations, depending on how they are structured. It’s important to consult with a tax professional to determine the best tax structure for your business.

Ease of Formation

Different legal structures require different levels of paperwork and filing fees. Sole proprietorships and partnerships are easy to establish and maintain, but they may not provide the same level of protection as LLCs and corporations. 

On the other hand, LLCs and corporations require more paperwork to establish and maintain, but they provide greater liability protection and may be more attractive to investors. However, forming an LLC differs from state to state, as each state has different fees and taxes for forming an LLC. For instance, if you decide to start an LLC in Texas, the fees, taxes, and state laws of Texas will apply to your business.

Choosing a more expensive option may not make sense if it does not offer any additional benefits compared to a less expensive option.


Consider how flexible each type of structure is when it comes to making changes or adding new members. Some structures are more rigid, while others offer more flexibility. A sole proprietorship provides full control and flexibility to the owner. An LLC offers the same flexibility as a sole proprietorship, but with limited liability protection for the owner.

A partnership offers flexibility in terms of management, taxation, and ownership structure. Whereas, a corporation also has the flexibility to issue stock, transfer ownership, and raise capital through investments.

Long-Term Goals

When selecting a legal structure, it’s important to consider your long-term goals for the business such as growth plans, financing needs, tax implications, management structure, and potential liability risks as well.

If you plan to bring on investors or go public, a corporation may be the best option. But, if you plan to keep the business small and retain full control, an LLC or sole proprietorship may be a more appropriate choice for you.

Final Thoughts

Selecting the best legal structure for your business is an important decision that can affect a business’s long-term success. The right legal structure can help to protect your personal assets and minimize taxes while providing investors with the clarity they need to consider investing in the company. Moreover, selecting the wrong legal structure may limit growth potential or put the business at risk of being sued. 

Therefore, it’s important to understand the implications of each type of structure in order to make an informed decision that best meets your needs. You can also consult with a legal and tax professional to ensure that you select the best relevant legal structure for your business.

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Elena Hudgens is an entrepreneur with 10+ years of experience. She started her journey by building her own e-commerce website on Shopify and turned her $1000 savings to millions in just 2 years. Soon she started different ventures in which she failed and succeeded. And now, she's on a mission to help other entrepreneurs with her life and business lessons.
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