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A corporation would provide the best legal protection but will result in lower net income for you as the owner. You will pay higher overall taxes but it is the easiest form to generate capital. You can elect what is referred to as pass-through taxation and still get some of the legal protection while being taxed as a sole-proprietor but that will make you less attractive to potential investors, venture capitalists, and possibly lenders.

A partnership could make sense if you are forming the business with someone else, but bear in mind that your personal assets can be taken to pay off business debt. For normal operational debt that may not be an issue, but if your partner does something stupid and gets the business sued and you lose the case, the person who sued you could come after your personal assets even though your partner is the one who messed up.

Sole proprietorship make a lot of sense for a guy starting out alone, no employees, working out of his truck and not making a lot of money yet. You place yourself at higher risk but you generally pay lower taxes overall.

I recommend spending a few dollars on an hour of consulting with an accountant and/or small business attorney to discuss which legal form best suits you. The peace of mind and potential future savings are well worth a few hundred dollars.

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12y ago

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