Ellen P. Aprill (Loyola-L.A.) & Sanford Holo (Musick Peeler & Garrett, Los Angeles) have posted Choice of Entity: Considerations and Consequences, USC 61st Inst. Fed. Tax'n, Major Tax Plan. ___ (2009), on SSRN. Here is the abstract:
A small business seeking to start operations generally finds itself deciding among the following forms of operation: a sole proprietorship, a general partnership, a limited partnership, a limited liability company, a single member limited liability company, a Subchapter C corporation and a Subchapter S corporation. A wide variety of tax and non-tax considerations bear on this choice, including those related to long-term plans of the enterprise. This article gives an overview of these considerations, including key California concerns, and explains why limited liability companies have become the entity of choice for many small businesses.



