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Popular Forms of Business Formation

When considering how to incorporate a new business, a qualified New York CPA firm like Kempa & Company CPAs LLP can explain the unique tax and legal implications. We’ll carefully evaluate your business and help you decide which type of entity best suits your needs. Some common forms of incorporation are:

Limited Liability Company (LLC)

An LLC is somewhat similar to a corporation or a partnership. The LLC protects the owners or members from personal liability for the company’s financial obligations but it’s usually treated as a non-corporate business organization for tax purposes.

Limited Liability Partnership (LLP)

An LLP includes general partners who have management authority and limited partners who invest cash in the company. General partners have personal liability for the firm’s obligations, while limited partners are liable only for the amount of their investment. A Limited Liability Partnership is commonly formed with a C or S corporation as a general partnership, and it is not a separate tax-paying entity.

C Corporation

A C corporation is a separate legal entity, so its owners or shareholders have no personal liability for the company’s financial obligations. The corporation is taxed on its income, and shareholders also must pay taxes on any dividends or income they receive.

S Corporation

Like a C corporation, an S corporation is a separate legal entity, but it differs in that while shareholders are taxed on income they receive from the company, the corporation itself is not taxed. However, a company must meet strict legal requirements to qualify as an S corporation.