BUSINESS FORMATION
26 May 2025
Choosing the right legal structure is fundamental when starting a business, as it affects multiple areas. This includes taxation, operational flexibility, and potential sources of investment.
Two of the key business types are Limited Liability Companies (LLCs) and Corporations. Both offer a range of benefits, though there are some limitations to each, too. These are business entities that are present worldwide, so it’s important to explore a global overview, rather than focus on just the U.S. While partnering with reliable business formation services is advisable, we’re going to provide an objective, non-promotional, global guide to help you make more informed decisions about how to structure your business.
An LLC is a legal business structure combining liability protection with operational flexibility. Key features include:
There are two main types of LLC, too. You can structure as a single-member entity, where the business is owned by an individual. Alternatively, multi-member LLCs see profits and responsibilities shared among various owners.
Another important consideration for entrepreneurs with global business ambitions is that there are jurisdictional nuances in how LLCs are treated in other countries. Aside from different names, some countries have more complex tax requirements for LLCs than others. Indeed, the extent of personal liability protection can vary, too.
Nevertheless, the relative simplicity and flexibility of LLCs make this structure a popular choice among startups, small private business owners, and individual professionals.
A corporation is a legal structure that features complete entity independence and multiple shareholders. Some of its key characteristics include:
There are two main types of corporations. C Corporations (C Corps) are the standard type, subject to corporate tax and able to appoint unlimited shareholders. In the U.S., there are also S Corporations (S Corps), which adopt pass-through taxation, yet are limited to 100 shareholders.
In general, corporations are recognized worldwide, making them suitable for large business entities wanting to expand as multinationals. That said, the legislation and tax regulations applicable to corporations vary between jurisdictions globally.
The ownership and structure models for LLCs and Corporations are very different. While LLCs have a select number of members as business owners, corporations belong to a potentially unlimited number of shareholders. In addition, LLCs members can be member-managed or manager-managed, whereas Corporations need a board of directors and a set of corporate officers.
Forming an LLC tends to be simpler than a Corporation, as there are fewer formalities. For instance, Corporations require a clear set of bylaws, alongside the necessity to hold annual shareholder meetings and maintain detailed records. While Corporations’ ongoing obligations differ between jurisdictions, their formation and maintenance is more demanding.
In general, LLCs have a greater flexibility than Corps. This is because LLCs can choose to adopt pass-through taxation — usually applicable to sole proprietorships and partnerships — or corporate taxation. S Corps can also use pass-through taxation, but C Corps are subject to double taxation, with profits taxed both at the corporate level and on owners’ individual returns. Internationally, the taxation procedures for both LLCs and Corps can vary, including access to deductions and incentives.
Another way in which LLCs tend to have greater flexibility is in their profit distribution. Members are able to allocate earnings however they like, based on their operating agreement. Corporations, on the other hand, must only distribute profits in line with shareholder equity by issuing dividends.
Corporations have a distinct advantage over LLCs. They’re able to issue formal shares, which can be more attractive to investors. LLCs experience limitations in offering equity, as transferring membership is complex. They’re usually limited to seeking private, long-term investors.
Corporations are better suited for global operations than LLCs. This is because the clarity from the recognized structures of a corp lends it a greater sense of credibility across borders. Depending on the jurisdiction, LLCs may find operating internationally more challenging, as standards and legislation governing LLCs can vary.
When you’re comparing an LLC to a C-Corp specifically, there are various stand-out differences. Firstly, there’s the tax structure — LLCs are considered pass-through entities while C-Corps are always taxed as corporations.
Administrative complexity is another stark difference. LLCs are easier to manage and can have more flexible management structures. Yet, C-Corps must keep detailed records, file annual reports, establish bylaws, and hold shareholder meetings, among other elements.
In general, the preferred use cases to register as C-Corps would be venture-backed startups and large businesses that need significant funding. LLCs, on the other hand, are suitable for individual entrepreneurs and medium-sized companies alike.
Feature | LLC | Corporation |
Formation Cost | Lower | Higher due to complex administration |
Taxation | Pass-through | Corporate (C-Corps), Pass-through (S-Corps) |
Compliance | Minimal | Complex and rigorous |
Liability Protection | Limited | Limited |
Global Suitability | Limited due to jurisdictional differences | More widely recognized |
It’s essential to consider a wide range of factors when making your choice. You should look at how each structure could influence your business goals — such as funding needs and ownership approach. The number of founders alongside how jurisdictional tax laws affect profitability are also key points. If you intend to expand globally, the ease of international registration and operation makes a difference, too.
These complex elements mean it’s vital to consult with experienced legal and tax services. They’ll guide you through your options and help prepare for challenges.
Both structures shield owners’ assets. However, it’s vital for companies to avoid commingling personal and business assets or keeping imperfect records, as courts may apply exceptions. Furthermore, be mindful that your tax obligations and impact will vary between countries. By understanding how double taxation is applied, alongside maintaining solid foreign income reporting and annual filing requirements, you can avoid penalties for noncompliance.
There are some good reasons to switch from LLC to Corporation. This might include unexpected growth, changing investor needs, and even global expansion opportunities. Conversions can be complex, though, involving everything from seeking member approval to restructuring. You’ll also need to adjust legal compliance frameworks and adapt tax strategies. In all situations, though, it is essential to work with experienced restructuring consultants.
Each has different tax obligations, leadership structures, and legal compliance requirements.
You can make a change in many jurisdictions, but the process is complex, requiring legal and tax guidance.
C-Corps in particular are better because businesses can issue shares to unlimited investors.
No. Many countries have similar structures but under different names and regulations. Corporations are more widely accepted.
Due to their widespread credibility and recognition, alongside clear governance and legal predictability, corporations are usually a better choice across jurisdictions.
Internal Revenue Service. (2025, February 14). Limited liability company (LLC). Internal Revenue Service. https://www.irs.gov/businesses/small-businesses-self-employed/limited-liability-company-llc
Tax Policy Center. (2025, January). Is corporate income double-taxed? Tax Policy Center. https://taxpolicycenter.org/briefing-book/corporate-income-double-taxed
Internal Revenue Service. (2025, February 18). S Corporations. Internal Revenue Service. https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations
Legal And Compliance
26 May 2025
Environmental compliance refers to the processes and procedures a company implements to comply with local, national, and international environmental sustainability regulations. These include waste disposal, emissions control, the responsible use of resources, and sustainable practices. Thanks to Ascot International, you will always have the international support you need, not just local support. This article is […]
Merger And Acquisition
26 May 2025
Corporate mergers are the union of two separate companies into a single legal entity. The purposes can be many, and they have a substantial financial and equity impact on shareholders—influencing ownership, governance, and corporate rights significantly. In this article we will analyze how does a merger affect shareholders before, during, and after the merger. The […]
Merger And Acquisition
26 May 2025
Mergers and acquisitions (M&A) are complex transactions involving integrating separate companies into a single structure. Because of the complexity of these deals, the tax implications directly influence the structure of the eventual deals, the total costs, and the outcome of the deals themselves. Each merger and acquisition tax implication must be carefully evaluated to determine […]