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Our Experts can file all the paperwork to help you start a business today. Whether you decide to Form an LLC (Limited Liability Company), Corporation, Non-Profit, or simply File a DBA, our business filings experts can file your paperwork quickly and affordably. Plus, all our services are backed by our 100% Satisfaction Guarantee.*

Choosing the Right Business Structure

Choosing a business structure is a critical part of the business startup process. The structure you select will most likely have a significant impact on your personal liability as well as your tax liability.

A Limited Liability Company (LLC) is a legal business structure that is similar to both the corporation and the sole proprietor or partnership. The LLC is a very popular form of business structure as it offers the same or similar level of asset protection as a corporation while requiring only minimal formalities be observed (similar to a sole proprietor or partnership).
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A Corporation is a legal business entity that is separate and distinct from its owners. It is a more complex structure compared to other business forms like sole proprietorships and partnerships. Corporations provide significant advantages, such as limited liability for its shareholders, meaning their personal assets are protected from business debts and liabilities. Additionally, corporations can raise capital more easily through the sale of stock. However, they are subject to more regulations, formalities, and potential double taxation of income—once at the corporate level and again at the shareholder level when dividends are distributed.
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A Partnership is a business structure where two or more individuals share ownership and the responsibilities of running the business. Partnerships are relatively easy to establish and offer the benefit of pooling resources and expertise. In a general partnership, all partners share in the profits, losses, and liabilities of the business. In a limited partnership, there are both general partners (who manage the business and are personally liable for its debts) and limited partners (who contribute capital and share in the profits but do not participate in management and have limited liability). Partnerships can be flexible and allow for the distribution of income and responsibilities according to the partnership agreement, but they do not provide the same level of personal asset protection as corporations or LLCs.
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A Non-Profit Organization (NPO) is a type of entity that operates for a charitable, educational, scientific, religious, or other public or social benefit purpose. Unlike for-profit businesses, non-profits do not distribute profits to shareholders or owners. Instead, any surplus funds are reinvested into the organization to further its mission. Non-profits can apply for tax-exempt status, meaning they are exempt from federal income taxes on donations and other revenue. To maintain this status, non-profits must adhere to strict regulations and reporting requirements set by the IRS and state authorities. Non-profits are managed by a board of directors and rely on donations, grants, and fundraising efforts to support their activities.
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Doing Business As (DBA), also known as a trade name or fictitious name, is a name that a business operates under that is different from its legal, registered name. For instance, if John Smith owns a sole proprietorship called “Smith Landscaping,” he might file a DBA to operate under the name “Green Gardens.” DBAs are commonly used by sole proprietors, partnerships, and even corporations to create a more marketable or recognizable business name. Registering a DBA is usually a straightforward process that involves filing the appropriate forms with the state or local government. While a DBA allows a business to use a different name without forming a new legal entity, it does not provide any legal protections or benefits beyond those already associated with the business’s original legal structure.
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STARTING A
BUSINESS CHECKLIST

Starting a Business Checklist is a free guide, written by attorneys and entrepreneurs, that is packed with information about naming your business, selecting a business structure, obtaining a Federal Tax ID Number, and more.

Check Name Availability

Once you have decided to start a new business, you will need to select a name. Before you invest too much in a great new name, you should do a company name search to make sure it is not already in use in a way that could create a conflict between another business and your own.

Assign a Registered Agent

A registered agent, sometimes referred to as a resident agent or an agent for service of process, is a person or company officially recognized by the state that resides within the state of incorporation and is designated by the corporation or LLC to accept service of process on behalf of the company.

File Formation Paperwork

Once you have decided on a name, you should determine the best form of legal entity for your business. There are many choices, including forming a C Corporation or S Corporation, forming a partnership, forming an LLC, or operating as a sole proprietorship.

Obtain a EIN

Every corporation needs to apply for a federal tax identification number, as does any business regardless of the corporate form that hires employees. The tax ID number is also called an Employer Identification Number, or EIN. It is like a social security number for your business and is used by the Internal Revenue Service to identify the business for tax matters.

File a BOI Report

New businesses that are formed on or after January 1, 2024, must file a beneficial ownership information report within 90 days of business formation. This applies to both domestic and foreign Corporations and Limited Liability Companies (LLCs).

Obtain Business Licenses & Permits

Depending on the type of business you are operating, you may be required to have one or more business licenses or permits from the state, local (city and county) or even federal level. Depending on the type of business you operate and the laws of your jurisdiction, these can include, among others, a general business operation license, zoning and land use permits, sales tax license, health department permits, and occupational or professional licenses.

Register for Payroll Taxes

If you are a new business that is planning on hiring employees, you will need to register for payroll taxes such as State Unemployment Insurance Tax (SUI) and State Income Tax (SIT). Payroll taxes are a legal requirement for hiring and paying employees in the United States.

Maintain Compliance

Forming your entity is just the first step. Keeping it in corporate compliance is essential if you are to enjoy the benefits of having created a separate entity, including limited liability. CorpNet offers a free compliance portal to help you keep track of your business filings.

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