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Should I set up an LLC or sole proprietorship?

On Behalf of | Sep 3, 2024 | Business Formation |

Choosing between setting up an LLC or a sole proprietorship is a crucial decision when starting a business. Both options have their pros and cons, and understanding these can help you make the best choice for your specific situation.

Sole proprietorship

A sole proprietorship is the simplest and most common business structure, especially for small businesses. If you start a business on your own without forming a legal entity, you automatically become a sole proprietor. As a sole owner, you have complete control over your business, and filing taxes is easy since you report all business income on your personal tax return.

However, a major downside of a sole proprietorship is that you and your business are legally the same entity. This means that you are personally responsible for all business debts and liabilities. If your business faces legal trouble, your personal assets, like your home or savings, could be at risk.

LLC (Limited Liability Company)

An LLC offers more protection by separating your personal assets from your business liabilities. If someone sues your business or the business incurs debt, your personal assets are generally safe. This structure provides more peace of mind, especially as your business grows.

Forming an LLC also adds credibility to your business, which can attract more clients or investors. However, LLCs involve more paperwork and costs compared to sole proprietorships. You’ll need to file formation documents with the state and comply with ongoing reporting requirements. Additionally, the tax process can be more complex with an LLC.

Which should you choose?

When deciding on your business structure, evaluate your business goals, risk tolerance, and ability to manage paperwork and costs. Be aware that local laws may vary in New York, so check your local regulations. Remember, your choice isn’t permanent; you can reassess and change your structure as your business evolves.

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