Alton, IL asked in Business Formation for Illinois

Q: I'd like to start a small business in the form of a wellness center. What kind of ownership structure would I need?

The wellness center would focus on physical fitness and recovery but would also hope to drive a lot of community value by being very active with the locals in terms of volunteering and events. It would ideally be a holistic approach to serving the community as well as the members themselves. I want to start it myself and my spouse wants to be involved but we weren't sure if it should be a partner effort or should I be the sole owner, whichever would benefit the business and ourselves the most.

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1 Lawyer Answer

A: Choosing the right ownership structure is crucial for both the success of your wellness center and your personal and financial interests. Here are a few options to consider:

Sole Proprietorship: As the sole owner, you would have complete control over the business. This structure is simple and offers direct tax benefits, but it also means you would be personally liable for any business debts and obligations.

Partnership: If you and your spouse want to run the business together, a partnership might be suitable. This allows you to share responsibilities and profits, but it also means both of you would be personally liable for business debts. There are also tax implications to consider, as profits and losses are reported on your personal tax returns.

Limited Liability Company (LLC): An LLC can provide the flexibility of a partnership while offering liability protection similar to a corporation. This structure could allow both you and your spouse to be involved in managing the business without exposing your personal assets to business liabilities. Additionally, an LLC offers various tax advantages that might benefit your specific situation.

Corporation: While more complex and potentially more costly to set up, a corporation provides strong liability protection and can offer tax benefits. This structure might be more than what you need initially, but it's worth considering if you plan for significant growth.

To determine the best structure for your wellness center, we recommend consulting with an experienced attorney.

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