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Selecting the Right Business Entity

Get worry free services and support to officially form your business. Create an LLC to limit your liability and protect your assets or
compare other formation options below.

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LLC

The simplest and most flexible business structure to protect your personal assets.

From $0 + state filing fees

Corporation (C-Corp)

This more complex structure can issue shares or take the business public.

From $0 + state filing fees

LLC with S-Corp Election

This tax designation avoids double taxation when your LLC is profitable.

From $0 + state filing fees

Business types at a glance

Business formation types have important similarities and differences. Use this table to identify which one is right for you.

Business Types

How It's Unique
Protections & Taxation
Drawbacks to Consider

LLC

The simplest and most flexible way to structure your business to protect personal assets

From $0 + state filing fees

Board of directors not required

Unlimited owners (a.k.a. “members”) allowed

You’re not personally on the hook for business liabilities

Taxed once or twice; you’re free to choose which can help minimize taxes

Ongoing filings and fees to stay in compliance

LLCs can’t go public

Not recognized globally; you may be taxed as a corporation outside U.S.

C-Corp

A more complex structure that gives you the ability to issue shares, go public, or go global.

From $0 + state filing fees

Allows for unlimited owners

Can issue shares to founders, employees, and investors

Owners may get preferred stock

Recognized internationally

Preferred by investors

You’re not personally on the hook for business liabilities

Taxed twice — business pays at the corporate level, while shareholders pay on income received

Ongoing filings and fees to stay in compliance

Less management flexibility; must have a board of directors

More admin; strict rules about holding meetings and keeping records

S-Corp

This tax designation avoids double taxation and can save some LLC owners on self-employment taxes. Our S-Corp service can help you form an LLC and elect S-Corp status.

From $0 + state filing fees

Is a tax status for qualifying LLCs and corporations, not a business entity type

Maximum of 100 owners

For some LLCs filing as an S corp, the owners can save money on self-employment taxes

Taxed once — profits are only taxed at the individual owner level without first being taxed at the business level, unlike C corporations

Ongoing filings and fees to stay in compliance

Must have only U.S. owners and meet other IRS requirements

Closer IRS scrutiny

Business Types

LLC

The simplest and most flexible way to structure your business to protect personal assets

From $0 + state filing fees

How It’s Unique

Board of directors not required

Unlimited owners (a.k.a. “members”) allowed

Protections & Taxation

You’re not personally on the hook for business liabilities

Taxed once or twice; you’re free to choose which can help minimize taxes

Drawbacks to Consider

Ongoing filings and fees to stay in compliance

LLCs can’t go public

Not recognized globally; you may be taxed as a corporation outside U.S.

C-Corp

A more complex structure that gives you the ability to issue shares, go public, or go global.

From $0 + state filing fees

How It’s Unique

Allows for unlimited owners

Can issue shares to founders, employees, and investors

Owners may get preferred stock

Recognized internationally

Preferred by investors

Protections & Taxation

You’re not personally on the hook for business liabilities

Taxed twice — business pays at the corporate level, while shareholders pay on income received

Drawbacks to Consider

Ongoing filings and fees to stay in compliance

Less management flexibility; must have a board of directors

More admin; strict rules about holding meetings and keeping records

S-Corp

This tax designation avoids double taxation and can save some LLC owners on self-employment taxes. Our S-Corp service can help you form an LLC and elect S-Corp status.

From $0 + state filing fees

How It’s Unique

Is a tax status for qualifying LLCs and corporations, not a business entity type

Maximum of 100 owners

Protections & Taxation

For some LLCs filing as an S corp, the owners can save money on self-employment taxes

Taxed once — profits are only taxed at the individual owner level without first being taxed at the business level, unlike C corporations

Drawbacks to Consider

Ongoing filings and fees to stay in compliance

Must have only U.S. owners and meet other IRS requirements

Closer IRS scrutiny

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ZenBusiness is perfect. I have started and sold many small businesses over the past 20 years. I wish they were around years ago their team is very talented and quick to your needs. I love them, trust them, and would always use them. The very best!

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“This is your life.
You want to get it right.”

– Mark Cuban on Starting a Business

Entrepreneur and Shark Tank host lays out
the steps to follow when starting with ZenBusiness

  • Form an LLC to protect your liability
  • Set up your banking and accounting
  • Grow sales by marketing your website


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FAQs

An S corp is a tax classification, while an LLC is a business structure. LLCs and corporations can both apply to be S corps if they meet the IRS’s criteria.

Owners of an S corp can pay themselves a salary from the company. They’ll pay employment taxes on that salary, but they won’t have to pay self-employment taxes on the remaining profits. This could mean substantial savings and is one of the benefits of an LLC filing as an S corp. (Note that the LLC members will still be responsible for income and other applicable taxes on the profits.)

LLCs can be well suited for side hustles, because money and intellectual property typically flow relatively freely between the members and the LLC itself. This can happen without the tax consequences you would often see if the transactions happen in a C corp.

Corporations, in general, can carry on doing business free of the individuals running it. Entrepreneurs might find this business entity attractive since the potential for growth is high; it’s easier to attract investors to a corporation than an LLC.

Here are some of the benefits of a C Corporation?

  • It offers limited personal liability protection
  • It continues on despite leadership changes
  • It offers shares of stock
  • It can operate internationally

C corporations and S corporations are different tax designations available as business entities. Each have pros and cons, and the best choice for you will depend on the circumstances of your individual business.

What are the advantages of a C Corp?
Even though C corps are subject to double taxation, they have several advantages over S corps:

  • Fewer restrictions and more flexibility
  • Can go public
  • Can have more than one type of stock
  • Easier to raise capital
  • Fewer limits to growth
  • Can have foreign shareholders

Depending on your goals as a business owner and the size of your business, you may find that these advantages outweigh the tax benefits of an S corp.

What are the advantages of an S corp?

For many businesses, S corps offer a number of advantages over C corps, including:

  • Pass-through taxation
  • Can pass losses to owners, who can claim them as a deduction on their taxes

Remember that an S corp is a tax election rather than a separate corporate entity. You can elect S corporation status whether you have a corporation or an LLC. However, it’s important to keep in mind that not all businesses have the option of filing as an S corp.

If you have additional questions about which is right for you, consider consulting a lawyer or tax professional.

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