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A Limited Liability Company (LLC) is created by submitting a form called “articles of organization” to the state’s Secretary of State. The owners of an LLC are called members. These members can be individuals, corporations, other LLCs, or foreign entities. An LLC can have one or many members, with no upper limit on the number.

LLCs are popular among professionals and landlords because they protect members from being personally responsible for the company’s debts. LLCs are flexible because the owners can choose to file taxes as a partnership, S Corporation, or sole proprietor. This is because an LLC is a legal designation, not a tax designation.

A Sole Proprietor is a single person who owns a business that is not incorporated or registered as a Limited Liability Company (LLC) or Corporation. This includes freelancers, independent contractors, and many business owners without partners. Household employers also fall into this category.

An Estate is a legal entity formed when a person dies. It includes the deceased person’s personal property and real estate. The Estate is responsible for paying off any debts the person owed and distributing the remaining assets to the beneficiaries.

A Trust is a legal entity created under state law where one party, called the Trustor, gives another party, called the Trustee, the right to manage assets for the benefit of a third party.

The most common types of Trusts are:

  • Irrevocable Trust: The Trustor has no control over the trust once it’s created. It cannot be changed or canceled, and the trust itself pays taxes.
  • Revocable Trust: The Trustor can change or cancel the trust during their lifetime. Because it can be altered, it’s considered part of the Trustor’s estate and is subject to taxation.

Non-profit organizations can be Corporations, Trusts, LLCs, or Unincorporated Associations that qualify for tax-exempt status under IRS Code IRC 501(a). Examples include private foundations, educational organizations, public charities, veterans’ organizations, business leagues, homeowners/condo associations, PTA/PTO or school organizations, and more.

Sole Proprietors, Partnerships, and for-profit organizations are not eligible for tax-exempt status.

A Corporation is a legal entity created by filing Articles of Incorporation with the State, giving it legal powers, rights, privileges, and liabilities. It can be established by an individual or a group of people with a charter from the Secretary of State. Once created, a Corporation becomes its own entity and typically has an indefinite lifespan.

A Partnership is an unincorporated organization with two or more members who run a business together and share its profits. Partners can be individuals, corporations, trusts, estates, or other partnerships. Each partner contributes money, property, labor, or skill and expects to share in the business’s profits and losses. The tax liability of the Partnership passes through to the partners.

An S-Corporation is a type of corporation created by filing Articles of Incorporation with the state’s Secretary of State. It is a domestic corporation that chooses to avoid double taxation, meaning its income is taxed to the shareholders rather than the corporation itself. S-Corporations are often preferred by professionals like doctors, dentists, and consultants.

For tax purposes, a “church” refers to any organization claiming to be a church or any convention or association of churches. This term includes temples, mosques, and other houses of worship. To be considered a church for tax purposes, the group must be part of an organized religion, have a mission statement, and be formally organized as a distinct legal entity.

A Personal Service Corporation is a legal entity created by an individual or group by filing Articles of Incorporation with the state’s Secretary of State. This type of corporation typically involves providing services in fields such as health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting. In a Personal Service Corporation, the majority of the stock is owned by the employees who provide these services. The corporation primarily sells its expertise or ideas rather than tangible goods.

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