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Abstract

This paper explores the four different business entities available to a Farming business in North Dakota. The four business entities available to farmers are: Sole Proprietor, Partnership, Farm LLC and a Farm Corporation. This paper will also address several key questions about Farming business entities. First, what are the advantages and disadvantages of each of the entity types? Second, what are the tax and cash flow results from using the different entity types? Lastly, FINISH!

Farm Business Entities

There are four business entity options for a Farming Business in North Dakota. Those options are: Sole Proprietorship, Partnership, Farm LLC, and a Farm Corporation. In North Dakota, a Small Business Corporation is not recognized, and a Farming business is not allowed to form a regular LLC, which eliminates two options that are available to most other business types. There are many different advantages and disadvantages of each entity option. This paper will discuss the advantages and disadvantages of each option, provide tax and cash analysis of each entity type, and will specifically address how the transfer of ownership is affected by each entity.

Advantages and Disadvantages of Business Entities

Sole Proprietor

According the Secretary of State of North Dakota, advantages of forming a Sole Proprietorship are: they are the simplest form of business entity, they are easily formed and discontinued, they are the least regulated, they are the most flexible in response to business requirements and there are no administrative requirements other than obtaining the appropriate licenses (Secretary of State, n.d.). A comparison of farm business entities by William Thompson and Wayne Hayenga (2002) state that, "The Proprietor has the ultimate control" (p. 3). This is another clear advantage of a Sole Proprietor; they have full control of the responsibilities and decisions.

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