Types of business entities

searcher profile

February 15, 2024

by a searcher from University of Northern Colorado - Kenneth W. Monfort College of Business in Denver, CO, USA

Do searchers tend to form an entity prior to acquiring a company or during the diligence process? Between LLCs, S-Corps, C-Corps, curious what most folks consider best. Obviously, it's a loaded question with lots of nuance. Just would love to hear people opinions on this.

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commentor profile
Reply by an intermediary
from The Johns Hopkins University in Gainesville, FL, USA
Qualifier: I am not an attorney or accountant, and the information presented should not be construed as legal or accounting advice.

Each entity type has advantages and disadvantages. S-Corps (or LLCs taxed as an S-Corp) works very well for "lifestyle" businesses because of the tax advantages, but C-corp status allows a seller to take advantage of the Qualified Small Business Stock Exemption, potentially avoiding taxes on as much as $10m in capital gains. C-Corps also support multiple classes of stock; they allow for the issuance of preferred stock, which can be paid first in a liquidity event, and also stock options, which can be used to attract, retain, and motivate talent.

It's helpful to plan for an exit when you plan for your start. It's also helpful to keep in mind that the future is unknowable, and it's better to be prepared for an exit than to have one thrust upon you. Tax attorneys and accountants are part of the team you need to achieve optimal results, so include them after your LOI is signed.
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Reply by a lender
from Eastern Illinois University in 900 E Diehl Rd, Naperville, IL 60563, USA
I think each situation, both personal and business, is different, so you probably need to consult with your accountant and tax attorney to make a decision what is best for you. I will say in general there is no reason to incur the expense prior to getting an LOI in place and working towards a closing. But that is really your call.
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