Here is a brief overview of the four legal forms of business. Each one has advantages and disadvantages. Have a read through and give it some thought – but don’t stop there. Check out the government of Canada link in the resources column for more information on legal forms of business in Canada. Also check regulatory differences specific to your province or territory. Having said that, here we go with the overview.
The first is a Not for Profit. Not likely to be the first choice for many of you new entrepreneurs, but have a read anyway. A not for profit operates for public or members’ benefit, and all profits after the cost of running the business must be redirected back into the business’ objectives. You are also limited acting within the written purposed of the business – which are approved when you incorporate (which which you will have to do to become a legally recognized non profit organization). While there are some tax breaks for non profit’s, this is different from being a registered charity – which means you can’t issue tax receipts for donations.
The second legal form of business is a Sole Proprietorship. You don’t have to incorporate unless you want to register a business name other than your own, which makes this the easiest and least expensive form of business to start. Since you are in essence the business, you have all the power. You make all the decisions and the gross income is all yours. The downfall, however, is that because you yourself are the business, there is no disconnection from your personal assets and those of the business. If the business goes broke – so do you! It also makes it harder to get a loan for your business.
The third legal form of business is a Partnership. This comes in two forms; either a limited partnership, where you have investors, but they have little to no control of profits and they hold no liability, or a general partnership where all partners have equal profit control and share of the liability. In either case a partnership agreement is very important. Even if you have been best buddies since kindergarten, anything can happen once you’re in business – so get everything in writing. Partnerships are fairly easy to start and incorporate, however there is still financial risk involved if the business should fail.
On a side note, there is one benefit to the sole proprietorship or partnership that the other forms don’t have. If your business doesn’t work out and you end up losing money, but you have a second job where you are still making money, your personal tax bracket will be lowered. You’ll end up paying less taxes on your second income since your losses are deducted from your taxable income. O.k., it’s not a huge break, but every dollar counts when you’re planning your comeback.
The final legal form of business is the Corporation. Not really a viable choice for most entrepreneurs just starting up – but it’s always good to have a dream for the future. A corporation is a legal entity itself therefor there is much less liability and you have easier access to capital. The major disadvantage is that because a corporation is a legal entity itself, it is much more closely regulated than any other form of business. While there are some potential tax advantages, you should note that your profits will be double taxed – as the income of the corporation, then as personal income.
While this is a good start for deciding what form of business to start, and whether or not to incorporate, before you make any fixed decisions be sure check government resources before finalizing your plans.