Choosing the Right Business Structure for Your Small Business
April 13, 2022

Whether you’re just starting out or growing an existing business, the structure you choose for your business is more than just a piece of paper. It can affect everything from daily operating decisions to your tax status, and ultimately your ability to attract investors and meet long-term goals.


Thinking about company culture and what you hope to achieve can be a good starting point for identifying the structure that best meets the needs of your business. You’ll also want to consider such factors such as:


  • Number of owners
  • Type of business and level of risk in the industry
  • How owners will share decision-making powers
  • Profit sharing
  • Available tax advantages and avoiding double taxation
  • Risk to your personal assets for the debts and liabilities of the business
  • Ability to raise capital and/or attract investors
  • Ownership transferal
  • Ease and expense of formation


Types of Business Structures


The choice of business structure often comes down to weighing the amount of control you want to maintain against the level of protection from liability you need. The most common types of business structures are sole proprietorships, partnerships, limited liability companies, corporations, and co-operatives.


1. Sole Proprietorship


This is often the simplest type of business structure, in which one person maintains sole ownership and complete control of the business. The owner and business are considered a single legal entity for purposes of taxes – and the owner is personally liable for business debts. Sole proprietorships are typically easy and relatively inexpensive to set up, but do not offer the separation of personal from business assets. As your business grows, you may seek more protection of your personal assets from business liabilities.


2. Partnership


A partnership is owned by two or more individuals. In a general partnership, control and assets are owned equally. A limited partnership allows you to create different levels of control and profit-sharing among partners. Typically, an attorney will draft and/or review a partnership agreement, which may add some time and expense over a sole proprietorship structure.


3. Limited Liability Company


A limited liability company (LLC) allows business owners to take advantage of the tax benefits and flexibility of a partnership, while protecting themselves from personal liability. An LLC can be more expensive and time-consuming to set up than a partnership or sole proprietorship and may involve federal or state reporting requirements.


4. Corporation


A corporation is its own entity, with its own legal rights apart from the owners. This structure is generally more appropriate for larger, more established businesses. It maximizes personal protection from liability but comes with more costs and reporting requirements and less decision-making flexibility.


5. Co-operative


A co-op is owned by “user-owners” who use the services of the business. Forming a co-op can be complicated but may allow for federal start-up grants, and discounts and benefits for its members.


Contact Deppman Law PLC Today


The optimal structure for your small business may not fall neatly into one of these categories. The contracts and agreements that form businesses can be uniquely tailored to your needs – and you can restructure as you grow your business. An experienced VT small business attorney can ensure that all tax and legal implications are addressed and help choose the structure that best meets the individual needs and goals of your business. Contact Deppman Law PLC today at 802-388-6337 for a confidential consultation about your case.





June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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