How to choose a partnership structure suited for your business

Launching a business with partners can be as exhilarating as it is daunting. Pair that excitement with smart planning. One of the first things you’ll need to figure out is the best legal structure for your partnership. It’s a choice that can impact everything from your tax obligation to your personal liability and even how you manage day-to-day operations. However, it’s not an easy one to make because there’s no one-size-fits-all answer.

Tampa business owners have several options for setting up their partnerships. You could form a:

• General partnership (GP), where all partners share equal responsibility and liability
• Limited partnership (LP), where general partners manage the business and limited partners are mostly investors
• Limited liability partnership (LLP), which protects partners from personal liability for the actions of other partners
• Limited liability company (LLC), which offers personal asset protection similar to that of a corporation but with the tax advantages and management flexibility of a partnership

When you join forces in a partnership, you’re making a commitment to each other and your shared vision. It may not be enough to simply hope you’ll work well together. You need to carefully consider your options and deliberately plan how you’ll collaborate and tackle challenges.

Factors to consider when choosing

When selecting your partnership structure, you’ll need to assess several factors:

• Liability protection: GPs don’t offer personal liability protection. While LPs, LLPs and LLCs provide some protection, you can still be liable for some actions.
• Tax implications: Florida does not have a state income tax, but federal tax treatment varies by structure. Consider consulting a tax adviser about your specific case.
• Setup and maintenance: GPs are the easiest to form and maintain. LPs, LLPs and LLCs require registration with the Florida Division of Corporations and ongoing compliance with state regulations.
• Management flexibility: GPs and LLCs offer the most flexibility in management structure. LPs have restrictions on limited partners’ involvement in management. And in Florida, only certain licensed professionals can use LLPs.
• Changing partners: Adding or removing partners is easiest in GPs and hardest in LPs.

Consider how each structure aligns with your business needs.

Strengthening your partnership

Picking a structure is just the start. You also need a detailed partnership agreement. This should cover how you’ll run the business, make decisions and solve problems.

With the right structure and some smart legal advice, your partnership could be your secret weapon. It might just give you the edge you need to attract investors and stand out in Tampa’s bustling business scene.

We help businesses struggling with partnership structuring. Contact us for a consultation.