Skip to main content

  •  Tel: (217) 525-1111
  •  Fax: (217) 525-1120  SECURE CLIENT PORTAL

  • Home
  • About Us 
    • Our Firm
    • Our Team
  • Client Services 
    • Audit & Assurance Services
    • Tax Services
    • Accounting Services
    • Consulting Services
    • Charitable & Not-For-Profit
    • Wealth Management
  • Resources 
    • Useful Websites
    • Financial Calculators
  • Careers
  • Contact

Our Mission

your success is our only mission

Helping You

manage the changing face of life

Proactive Planning

for a successful future

  Previous   Next

    You are here

  1. Home
  2. Blogs
  3. Which entity is most suitable for your new or existing business?

Which entity is most suitable for your new or existing business?

Submitted by Eck, Schafer & Punke, LLP on August 20th, 2019

The Tax Cuts and Jobs Act (TCJA) has changed the landscape for business taxpayers. That’s because the law introduced a flat 21% federal income tax rate for C corporations. Under prior law, profitable C corporations paid up to 35%.

The TCJA also cut individual income tax rates, which apply to sole proprietorships and pass-through entities, including partnerships, S corporations, and LLCs (treated as partnerships for tax purposes). However, the top rate dropped from 39.6% to only 37%.

These changes have caused many business owners to ask: What’s the optimal entity choice for me?

Entity tax basics

Before the TCJA, conventional wisdom was that most small businesses should be set up as sole proprietorships or pass-through entities to avoid the double taxation of C corporations. A C corporation pays entity-level income tax and then shareholders pay tax on dividends — and on capital gains when they sell the stock. For pass-through entities, there’s no federal income tax at the entity level.

Although C corporations are still potentially subject to double taxation, their current 21% tax rate helps make up for it. This issue is further complicated, however, by another tax provision that allows noncorporate owners of pass-through entities to take a deduction equal to as much as 20% of qualified business income (QBI), subject to various limits. But, unless Congress extends it, that deduction is available only through 2025.

Many factors to consider

The best entity choice for your business depends on many factors. Keep in mind that one form of doing business might be more appropriate at one time (say, when you’re launching), while another form might be better after you’ve been operating for a few years. Here are a few examples:

  • Suppose a business consistently generates losses. There’s no tax advantage to operating as a C corporation. C corporation losses can’t be deducted by their owners. A pass-through entity would generally make more sense in this scenario because losses would pass through to the owners’ personal tax returns.
  • What about a profitable business that pays out all income to the owners? In this case, operating as a pass-through entity would generally be better if significant QBI deductions are available. If not, there’s probably not a clear entity-choice answer in terms of tax liability.
  • Finally, what about a business that’s profitable but holds on to its profits to fund future projects? In this case, operating as a C corporation generally would be beneficial if the corporation is a qualified small business (QSB). Reason: A 100% gain exclusion may be available for QSB stock sale gains. Even if QSB status isn’t available, C corporation status is still probably preferred — unless significant QBI deductions would be available at the owner level.

As you can see, there are many issues involved and taxes are only one factor.

For example, one often-cited advantage of certain entities is that they allow a business to be treated as an entity separate from the owner. A properly structured corporation can protect you from business debts. But to ensure that the corporation is treated as a separate entity, it’s important to observe various formalities required by the state. These include filing articles of incorporation, adopting by-laws, electing a board of directors, holding organizational meetings and keeping minutes.

The best long-term choice

The TCJA has far-reaching effects on businesses. Contact us to discuss how your business should be set up to lower its tax bill over the long run. But remember that entity choice is easier when starting up a business. Converting from one type of entity to another adds complexity. We can help you examine the ins and outs of making a change.

Thomson Reuters © 2019

Contact Us

Tell a Friend

227 South 7th Street, Springfield, Illinois 62701 United States

227 South 7th Street
Springfield, Illinois
62701 United States

  •  Tel: (217) 525-1111
  •  Fax: (217) 525-1120
  •  hkern@espwms.com

Securities offered through Avantax Investment ServicesSM, Member FINRA, SIPC 

Investment advisory services offered through Avantax Advisory ServicesSM​.

Insurance Services offered through an Avantax affiliated insurance agency.

Avantax affiliated advisors may only conduct business with residents of the states for which they are properly registered. Please note that not all of the investments and services mentioned are available in every state.

The Avantax family of companies exclusively provide investment products and services through its representatives.  Although Avantax Wealth ManagementSM does not provide tax or legal advice, or supervise tax, accounting or legal services, Avantax representatives may offer these services through their independent outside business. 

This information is not intended as specific tax or legal advice.  Please consult our firm and your legal professional for specific information regarding your individual situation.

Content, links, and some material within this website may have been created by a third-party for use by an Avantax affiliated representative.  This content is for educational and informational purposes only and does not represent the views and opinions of Avantax Wealth MangaementSM or its subsidiaries.  Avantax Wealth ManagementSM is not responsible for and does not control, adopt, or endorse any content contained on any third-party website.

© 2025 Eck, Schafer & Punke, LLP. All rights reserved.

Website Design For Financial Services Professionals