Skip to the work
SELF EMPLOYEDTIPS ↗

Handbook / 3 guides

Business structure

The legal form your business takes affects liability, tax filings and paperwork. Most people start simple and change when there is a reason.

"Should I form an LLC?" is one of the first questions people ask when they start working for themselves, often before they have a single client. The structure of a business does matter. It affects who is responsible for debts and claims, how the business is taxed, what forms you file, and what it costs to maintain. But for many one-person businesses, the right structure at the start is the simplest one, with a change later when the business gives you a reason. This section explains the options so you can make that decision deliberately.

The main options

In the United States, the common structures for small businesses are:

Liability: what separation actually means

The main reason people form an LLC or corporation is to separate business liabilities from personal assets. That separation is real but not absolute. It depends on keeping the business genuinely separate, with its own bank account and records, and it does not protect you from your own professional negligence in many situations. Insurance often plays as large a role in managing risk as structure does. The guides explain where the protection applies and where it does not.

Tax treatment

Structure and tax treatment are related but not identical. A single-member LLC, for example, is typically treated like a sole proprietorship for federal income tax unless it elects otherwise. Corporations and S corporations follow different rules. The tax effect of a structure depends on profit levels, how you pay yourself and your state's rules, which is why general claims that one structure always saves tax should be treated with caution.

Cost and paperwork

Each structure carries its own costs and obligations: formation fees, annual reports or fees in many states, separate tax returns for some entities, and formalities such as minutes or payroll for others. Those costs are worth paying when the structure brings a real benefit. They are a drag when it does not.

When to reconsider

Common reasons to revisit your structure include taking on significant contracts or risks, bringing in a partner, hiring employees, a large rise in profit, or a client requiring you to contract through an entity. The guides set out the questions to ask at each point.

Getting advice

Structure decisions have legal and tax consequences that depend on your state and circumstances. The guides in this section explain the concepts and the official sources, but for a decision with significant money at stake, a conversation with an accountant or attorney who knows your state is worth having.

Where to start

Read the guide on sole proprietorships first, because it is where most people begin and it explains the baseline every other option is compared against. Then read about LLCs and the other structures when you have a specific reason to consider them.

Guides in this section

Also on the site