Business Basics
Permits & Regulations
Working with Others
Business Basics
Permits & Regulations
Working with Others
Choosing a Business Structure
Learn the basics of Corporations, Sole Proprietorships, and Partnerships, and which to choose for your business.
Copy for LLM
Choosing a Business Structure
Learn the basics of Corporations, Sole Proprietorships, and Partnerships, and which to choose for your business.
Copy for LLM
Choosing a Business Structure
Learn the basics of Corporations, Sole Proprietorships, and Partnerships, and which to choose for your business.
Copy for LLM
Choosing a business structure isn’t just paperwork — it determines liability, taxes, and how easily you can comply with NYC’s Home Improvement Contractor (HIC) rules. Pick wrong and you inherit avoidable risk. Pick right and your business gets easier to operate.
Below, structures are listed in the order we actually recommend for NYC contractors, starting with the strongest option.
1. LLC (Limited Liability Company): Recommended
The LLC is the standard choice for most NYC home improvement contractors. It gives you legal protection, flexible taxes, and pairs cleanly with DCWP licensing.
How it works
An LLC is a legally separate entity. Your personal assets are protected if something goes wrong, as long as you follow basic corporate practices.
Pros
Strong liability protection
Pass-through taxation by default
Can elect S-Corp later (reduces self-employment tax)
Flexible ownership and management
Easy to insure
Trusted by homeowners
Cons
Costs more than a sole prop
NY’s publication requirement adds a one-time cost
Requires minimal recordkeeping
Bottom Line
For 95% of contractors, the LLC is the right move. It's safe, flexible, and fully aligned with DCWP compliance requirements.
2. Corporation (C-Corp or S-Corp)
Corporations add structure and credibility, but also more administrative work. Most contractors don’t start here — they go LLC first, then convert or elect S-Corp.
How it works
A corporation is a separate legal entity with formal governance (directors, minutes, bylaws).
Pros
Strong liability protection
Clean structure for multiple owners or employees
S-Corp election can reduce self-employment tax
Easier to raise capital or grow staff
Cons
Most paperwork of all structures
Running a C-Corp incorrectly leads to double taxation
Requires more formal recordkeeping and governance
Bottom Line
Great if you're scaling a real operation with employees, trucks, and multiple job sites. Overkill for solo operators.
3. Sole Proprietorship
It’s simple — and exposes you personally to everything that can go wrong.
How it works
You are the business. No separate legal entity.
Pros
No formation paperwork
Single tax return
Lowest upfront cost
Cons
Unlimited personal liability
Insurance is harder
Homeowners trust it less
Risky for any job with real scope or value
Bottom Line
Fine for very small, informal jobs. Not recommended for full-scope home improvement work.
4. Partnership
A partnership carries all the risk of a sole proprietorship plus the liability of your partner’s decisions.
How it works
Two or more people operate a business jointly. Unless structured as an LLP, partners are personally liable for each other’s actions.
Pros
Easy to form
Pass-through taxation
Flexible profit-sharing
Cons
Shared unlimited liability
Partner mistakes become your legal and financial problem
Disputes can wreck the business
Not favored by insurers or lenders
Bottom Line
Avoid it. If you're going into business with someone, form an LLC instead.
What NYC Contractors Actually Choose
Here’s how it plays out in the real world:
LLC → The overwhelming majority
Corporation/S-Corp → Used by bigger, established multi-crew contractors
Sole Proprietorship → Mostly handymen and micro-operators
Partnership → Almost never used (too risky)
If you plan to operate legally in NYC and stay compliant with DCWP rules, the LLC is almost always the right move.
Comparing Business Types
Structure | Liability Protection | Taxes | Complexity | Best For |
LLC | ✅ Yes | Pass-through or S-Corp | Moderate | Most contractors |
Corporation | ✅ Yes | C-Corp or S-Corp | Highest | Growing companies |
Sole Proprietorship | ❌ None | Pass-through | Easiest | Very small side jobs |
Partnership | ❌ None | Pass-through | Easy | Rarely recommended |
Final Recommendation
If you’re serious about operating a compliant NYC home improvement business, form an LLC. It protects your personal assets, aligns with DCWP’s contract and licensing requirements, and gives you the option to elect S-Corp later for tax efficiency.
If your revenue grows and you pay yourself a steady salary, talk to your accountant about when an S-Corp election makes sense.
Choosing a business structure isn’t just paperwork — it determines liability, taxes, and how easily you can comply with NYC’s Home Improvement Contractor (HIC) rules. Pick wrong and you inherit avoidable risk. Pick right and your business gets easier to operate.
Below, structures are listed in the order we actually recommend for NYC contractors, starting with the strongest option.
1. LLC (Limited Liability Company): Recommended
The LLC is the standard choice for most NYC home improvement contractors. It gives you legal protection, flexible taxes, and pairs cleanly with DCWP licensing.
How it works
An LLC is a legally separate entity. Your personal assets are protected if something goes wrong, as long as you follow basic corporate practices.
Pros
Strong liability protection
Pass-through taxation by default
Can elect S-Corp later (reduces self-employment tax)
Flexible ownership and management
Easy to insure
Trusted by homeowners
Cons
Costs more than a sole prop
NY’s publication requirement adds a one-time cost
Requires minimal recordkeeping
Bottom Line
For 95% of contractors, the LLC is the right move. It's safe, flexible, and fully aligned with DCWP compliance requirements.
2. Corporation (C-Corp or S-Corp)
Corporations add structure and credibility, but also more administrative work. Most contractors don’t start here — they go LLC first, then convert or elect S-Corp.
How it works
A corporation is a separate legal entity with formal governance (directors, minutes, bylaws).
Pros
Strong liability protection
Clean structure for multiple owners or employees
S-Corp election can reduce self-employment tax
Easier to raise capital or grow staff
Cons
Most paperwork of all structures
Running a C-Corp incorrectly leads to double taxation
Requires more formal recordkeeping and governance
Bottom Line
Great if you're scaling a real operation with employees, trucks, and multiple job sites. Overkill for solo operators.
3. Sole Proprietorship
It’s simple — and exposes you personally to everything that can go wrong.
How it works
You are the business. No separate legal entity.
Pros
No formation paperwork
Single tax return
Lowest upfront cost
Cons
Unlimited personal liability
Insurance is harder
Homeowners trust it less
Risky for any job with real scope or value
Bottom Line
Fine for very small, informal jobs. Not recommended for full-scope home improvement work.
4. Partnership
A partnership carries all the risk of a sole proprietorship plus the liability of your partner’s decisions.
How it works
Two or more people operate a business jointly. Unless structured as an LLP, partners are personally liable for each other’s actions.
Pros
Easy to form
Pass-through taxation
Flexible profit-sharing
Cons
Shared unlimited liability
Partner mistakes become your legal and financial problem
Disputes can wreck the business
Not favored by insurers or lenders
Bottom Line
Avoid it. If you're going into business with someone, form an LLC instead.
What NYC Contractors Actually Choose
Here’s how it plays out in the real world:
LLC → The overwhelming majority
Corporation/S-Corp → Used by bigger, established multi-crew contractors
Sole Proprietorship → Mostly handymen and micro-operators
Partnership → Almost never used (too risky)
If you plan to operate legally in NYC and stay compliant with DCWP rules, the LLC is almost always the right move.
Comparing Business Types
Structure | Liability Protection | Taxes | Complexity | Best For |
LLC | ✅ Yes | Pass-through or S-Corp | Moderate | Most contractors |
Corporation | ✅ Yes | C-Corp or S-Corp | Highest | Growing companies |
Sole Proprietorship | ❌ None | Pass-through | Easiest | Very small side jobs |
Partnership | ❌ None | Pass-through | Easy | Rarely recommended |
Final Recommendation
If you’re serious about operating a compliant NYC home improvement business, form an LLC. It protects your personal assets, aligns with DCWP’s contract and licensing requirements, and gives you the option to elect S-Corp later for tax efficiency.
If your revenue grows and you pay yourself a steady salary, talk to your accountant about when an S-Corp election makes sense.
See Also
About this Guide
Verified November 27, 2025
We work hard to keep our information accurate, clear, and current. Still, nothing on this site is official, and none of it is reviewed, endorsed, or approved by any city, state, or government agency. We are not a legal resource. Nothing here is legal advice. Regulations change, agency requirements shift, and details can be updated without notice. Always verify information through official government sources and consult an attorney when you need legal guidance. In some cases, we may receive referral benefits from services we recommend. Those benefits never influence what we choose to recommend — we only point you to tools and services we genuinely believe are useful.
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