forms of business ownership chapter 5. issues entrepreneurs should consider when evaluating forms of...

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Forms of Business Ownership Chapter 5

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Page 1: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Forms of Business Ownership

Chapter 5

Page 2: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Issues entrepreneurs should consider when evaluating forms of business

ownershipTax Considerations

Liability Exposure

Start-up and future capital requirements

Control

Managerial ability

Business goals

Management succession plans

Cost of formation

Page 3: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Sole Proprietorship

a business owned and managed by one individual; the business and the owner are one and the same in the law

Page 4: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Advantages of a Sole Proprietorship

Simple to create

Least costly form of ownership to begin

Profit incentive

Total decision making authority

No special legal restrictions

Easy to discontinue

Page 5: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Disadvantages of a Proprietorship

Unlimited personal liability

Limited skills and capabilities

Feelings of isolation

Limited access to capital

Lack of continuity of the business

Page 6: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

The Partnership

A partnership is an association of two or more people who co-own a business for the purpose of making a profit.

A Partnership Agreement is a document that states in writing the terms under which the partners agree to operate the partnership and that protects each partner’s interest in the business.

Page 7: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Advantages of the Partnership

Easy to establish

Complementary skills

Division of profits

Larger pool of capital

Ability to attract limited partners

General Partners share owning/operating/managing a business and have unlimited liability, while Limited Partners make financial investments, don’t take an active role in management, and their liability is limited to the amount they have invested.

Page 8: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Disadvantages of the Partnership

Unlimited liability of at least one partner

Capital accumulation

Difficulty in disposing of partnership interest

Potential for personality and authority conflicts

Partners are bound by the law of agency

Page 9: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Limited Partnerships

A Limited Partnership is a partnership composed of at least one general partner and at least one limited partner.

A Limited Liability Partnership (LLP) is a special type of Limited Partnership in which all partners are limited partners. In many states they must be professionals.

Page 10: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Corporations

A corporation is a legal entity apart from its owners that receives the right to exist from the state in which it is incorporated.

A corporation may be Closely Held (shares held by just a few people - often family, employees, etc.) or Publicly Held (large number of shareholders)

Page 11: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Advantages of Corporations

Limited liability of stockholders

Ability to attract capital

Ability to continue indefinitely

Transferable ownership

Page 12: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Disadvantages of the Corporation

Cost and time involved in the incorporation process

Double taxation

Potential for diminished managerial incentives

Legal requirements and regulatory red tape

Potential loss of control by the founder

Page 13: Forms of Business Ownership Chapter 5. Issues entrepreneurs should consider when evaluating forms of business ownership Tax Considerations Liability Exposure

Other Forms of Ownership

The S-Corporation is a corporation that retains the legal characteristics of a regular C corporation but has the advantage of being taxed as a partnership if it meets certain criteria.

The Limited Liability Company (LLC) is like a S-Corporation (a cross between a corporation and a partnership), but it is not subject to many of the restrictions imposed on S-Corporations.

The Professional Corporation is designed to offer professionals the advantages of corporate ownership

The Joint Venture is much like a partnership, but formed for a specific purpose.