We Are Dedicated To Protecting Your Past And Planning For Your Future

How do you choose between an LLC and a corporation?

On Behalf of | Mar 6, 2025 | Business Formation

Starting a business in Florida means deciding on the right structure. The two most common options are a limited liability company (LLC) and a corporation. Each offers unique benefits and drawbacks. 

Understanding these differences can help you make the best choice for your business goals.

Liability protection and management

Both LLCs and corporations protect your personal assets from business debts. However, their management structures differ. LLCs provide flexibility, allowing owners to manage the business directly or appoint managers. Corporations follow a formal structure with a board of directors, officers, and shareholders. If you prefer simplicity and control, an LLC might be better. If you plan to attract investors, a corporation may be the way to go.

Taxation differences

LLCs benefit from pass-through taxation, meaning profits go directly to owners, who report them on personal tax returns. This avoids double taxation, where income is taxed at both corporate and personal levels. Corporations, by default, face double taxation, but an S corporation election can allow pass-through taxation. Consider whether corporate tax structures or personal tax reporting aligns with your financial plans.

Ownership and fundraising

Corporations have an advantage in raising capital. They can issue stock, making it easier to attract investors. LLCs cannot issue stock, which may limit growth potential. If you plan to seek venture capital or go public, a corporation is likely the better option. If you want to keep ownership within a small group, an LLC provides more flexibility.

Compliance and maintenance

LLCs require less paperwork and fewer formalities than corporations. Corporations must hold annual meetings, keep records, and follow strict governance rules. LLCs have fewer administrative burdens, making them easier to manage. If you prefer a business structure with less ongoing compliance, an LLC may be the right choice.

Making the right decision

Choosing between an LLC and a corporation depends on your business goals. If you want flexibility, simple taxation, and fewer formalities, an LLC may be best. If you plan to raise capital and expand, a corporation might be more suitable. Understanding Florida’s regulations can help you make an informed decision.