FORMING YOUR BUSINESS You can conduct business in one of three legal forms: a sole proprietorship, partnership, or corporation; and in many states a fourth form -- the limited liability company. Each has its charms and drawbacks. The sole proprietorship As business setups go, this one is the simplest. A sole proprietorship is a one-person concern that is not closely regulated by state or federal governments. All net income from the business counts as personal income on your tax returns. Also, all liabilities of the business are personal liabilities, so there are risks. This is a good way to start a business, since you may be able to deduct your home office, transportation, supplies, professional dues and publications, and many other expenses. But you cannot deduct most employee benefits, such as life and health insurance. Partnership This arrangement -- often consummated when someone with an idea joins someone with capital -- is similar to the sole proprietorship in that the owners are personally liable for the activities and debts of the business. Profits are considered personal income for the partners. When you take on a partner, you can be held personally liable for any debts he takes on for the company -- even if you don't approve them. The corporation You can incorporate even if you are the only employee of the business. A corporation is a little more costly than a partnership or proprietorship. It must register with the state, pay an annual franchise tax, file annual federal and state corporate tax returns, and follow other procedures. The corporation is a separate entity from you. All transactions between you and the corporation must be handled in a professional manner. You must strictly document cash receipts and expenditures and handle all personal transfers properly. When you're incorporated, the IRS no longer considers you and the business to be "one pocket," so there may be tax consequences to some personal business transactions. But the corporation still offers enormous possibilities for income splitting, accumulating earnings, and getting tax-free fringe benefits. (More on these below.) And because the government treats you and the corporation as separate entities, your personal assets are usually protected from creditors and legal settlements. The limited liability company A new form of business entity, combining the best features of the corporation and the partnership, is now available in many states. A limited liability company has corporate limitation of liability, but the tax transparency of a partnership. Formation costs are usually similar to, or less than, corporate formation costs. In some ways it acts like a Subchapter S corporation, by passing through the tax advantages, but it is more flexible than the Subchapter S corporation because there are no restrictions on who may hold shares in a limited liability company. It can have a mixture of owners -- individuals, corporations, trusts, non-resident aliens, non-profit foundations ... whatever. Check with the corporation office in your state to see if it is available in yet. Many states have already provided for limited liability companies, and enabling legislation is pending in many more.