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Choosing a Business Structure: LLC vs. Sole Proprietorship vs. S-Corp vs. C-Corp

Sarah J. Sterling, Esq.
Reviewed by Sarah J. Sterling, Esq.
Senior Legal Editor & Consumer Rights Attorney (J.D., Member of the State Bar) • Fact-checked: Jan 24, 2025
Educational Purpose: This guide provides general legal information and is not formal legal advice. Laws vary by state and individual facts. If you face an active legal dispute, consider speaking directly with a licensed attorney.

Selecting the proper legal entity for your enterprise establishes the foundation for personal asset protection, tax efficiency, capital formation, and management flexibility.

Sole Proprietorship: Default and High Liability

Starting business operations without formal filing creates a sole proprietorship. While simple and fee-free, there is zero legal separation between business debts and your personal bank accounts, home, and assets.

Limited Liability Company (LLC): The Modern Standard

An LLC provides robust corporate veil protection shielding owners (members) from business debts and commercial lawsuits, combined with flexible pass-through taxation on personal returns.

S-Corporation vs. C-Corporation

  • S-Corp Tax Election: Allows qualifying LLC or corporate owners to draw a reasonable salary and take remaining net profits as distributions, potentially saving thousands in self-employment Medicare/FICA taxes.
  • C-Corporation: The required vehicle for scalable startups seeking venture capital, issuing stock options, or executing equity fundraising rounds.

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