top of page

What Is the Best Legal Structure for Startups?

Starting a business can be a thrilling experience, but it also involves making significant decisions, including choosing the right legal structure. Selecting the right legal structure for your startup is crucial as it can impact your business's tax obligations, personal liability, and ownership structure. There are different legal structures for startups, and choosing the best one depends on various factors such as the size of the business, the number of owners, and the type of industry. Here are the most common legal structures for startups:

Sole Proprietorship

This structure is simple and inexpensive, making it an excellent option for small businesses or freelancers. As a sole proprietor, you own and operate the business, and all profits and losses are reported on your personal tax return. However, a significant drawback of this structure is that you are personally liable for any debts or legal issues that arise.


A partnership is a legal structure where two or more people own and operate the business. There are two types of partnerships: general and limited. In a general partnership, all partners are equally responsible for the business's debts and liabilities. In contrast, in a limited partnership, there are general partners who manage the business and are liable for its debts and limited partners who invest money but have limited liability.

Limited Liability Company (LLC)

An LLC is a flexible structure that provides the benefits of both partnerships and corporations. It offers liability protection for its owners while avoiding the double taxation of a corporation. LLCs are also simpler to form than corporations and have fewer requirements for record-keeping and annual meetings.


A corporation is a separate legal entity that can own assets, enter contracts, and incur debts. There are two types of corporations: C corporations and S corporations. C corporations pay taxes on their income, and their shareholders are taxed on any dividends they receive. S corporations do not pay taxes on their income, and their shareholders report the income and losses on their personal tax returns.

Hire a Startup Advisor

Choosing the right legal structure for your startup is an essential step in the early stages of your business. You should consult with a lawyer or a business advisor to help you decide which legal structure is best for your startup. A good legal structure will help you protect your personal assets, minimize taxes, and ensure that your business is set up for long-term success.

Upthriving is a fully integrated startup growth service for entrepreneurs that have built a product with market fit. More than a startup advisory service, we execute projects that maximize revenue for your business while you focus on building the product.

bottom of page