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Business Entity Definitions
Below is a brief overview of common business classifications
1. 1099 Independent Contractor
An Independent Contractor is a self-employed individual or entity that provides services to another business or person under a contractual agreement.
Key Features:
Paid via Form 1099-NEC (Non-Employee Compensation).
Responsible for their own taxes (income tax, self-employment tax, etc.).
Operates independently, with control over how services are performed.
No benefits, such as health insurance or retirement, provided by the client.
2. Sole Proprietor
A Sole Proprietor is an individual who owns and operates an unincorporated business by themselves.
Key Features:
No formal registration required (beyond necessary local/state business licenses).
The owner is personally liable for business debts and obligations.
Business income and expenses are reported on the owner’s personal tax return (Form 1040, Schedule C).
3. LLC (Limited Liability Company)
An LLC is a business structure that combines the liability protection of a corporation with the tax simplicity of a sole proprietorship or partnership.
Key Features:
Owners (called members) have limited personal liability for business debts.
Flexible taxation: Can be taxed as a sole proprietorship, partnership, or corporation.
Requires state registration and compliance with operating agreements.
4. Partnership
A Partnership is a business owned by two or more individuals who share profits, losses, and management responsibilities.
Key Features:
Income is passed through to partners and reported on their personal tax returns (Form 1065 for the partnership, Schedule K-1 for partners).
Partners are personally liable for business debts unless organized as an LLP (Limited Liability Partnership).
Flexible management structure.
5. C-Corporation (C-Corp)
A C-Corporation is a separate legal entity owned by shareholders, offering the strongest liability protection.
Key Features:
Pays corporate income taxes on profits
Offers perpetual existence and the ability to raise capital through stock issuance.
Requires formal governance, including a board of directors and corporate bylaws.
Additional Information
How to Obtain an EIN (Employer Identification Number)
An EIN is a unique nine-digit number assigned by the IRS to businesses for tax purposes. While not required for sole proprietors without employees, an EIN is useful for opening a business bank account, building business credit, or establishing an LLC.
Steps to Obtain an EIN:
Apply Online: The easiest method is through the IRS EIN Assistant. It’s free and immediate.
Apply for an EIN online ADD EIN LINKhereBy Mail or Fax: You can fill out Form SS-4 and send it to the IRS by mail or fax.
Download Form SS-4By Phone: For international applicants, call the IRS at +1 (267) 941-1099.
Creating an LLC (Limited Liability Company)
An LLC provides personal liability protection for business owners, separating personal and business assets.
Steps to Create an LLC:
Choose a Business Name:
Ensure the name is unique and compliant with state rules.
Check availability with your state’s business registry.
File Articles of Organization:
Submit this document to your state’s business filing office (often the Secretary of State).
Fees vary by state, typically ranging from $50 to $500.
Designate a Registered Agent:
This person or business receives legal documents on behalf of the LLC.
Create an Operating Agreement (Optional but Recommended):
Outlines the LLC's structure, ownership, and rules.
Obtain an EIN:
Required for tax purposes and opening a business bank account.