Business Post Contributor
Doctors choose their vocation out of a desire to help people, whether by providing clear diagnoses, effective treatment plans, or strategies to manage chronic conditions. For most medical professionals, the most rewarding part of the job is interacting with patients, and providing viable solutions to their problems and concerns. By contrast, few physicians choose their profession out of a love for business administration or behind-the-scenes management.
With that said, behind-the-scenes administrative concerns are incredibly important to the success of the practice, and ultimately to patient outcomes. It is through careful administration, combined with business savvy, that doctors and practice managers keep their operations financially solvent, enabling them to keep treating patients over the long haul. And, skillful administration ensures the safe and efficient delivery of care. Ideally, it creates an environment in which doctors and nurses can focus most of their attention on patient needs, day in and day out.
To achieve these administrative goals, it’s important for doctors and practice managers to think carefully about the legal structure of their business. There are a number of options available, and they have different implications for how the practice is taxed, how it might handle lawsuits, and more.
At the same time, some business structures require more setup than others. For instance, if you wanted to establish an LLC in the Lone Star State, you’d have to take some time to locate a registered agent for your LLC in Texas.
The bottom line: Choosing the best legal structure for your medical practice can improve your financial standing and minimize administrative burdens, all of which empower physicians and benefit patients. The question is, what is the best legal structure for your medical practice?
Choosing the Right Legal Structure for Your Practice
Consider a few of the options, and what each one would mean for the administration of your medical practice.
Sole Proprietorship
Establishing your medical practice as a Sole Proprietorship is probably the easiest option, especially if you are a solo practitioner.
The quick and easy setup is appealing but be warned that setting up a Sole Proprietorship has its downsides. That’s because this business structure does not recognize any legal separation between the business and the business owner; in the eyes of the law, you and your practice would be indistinguishable. This means that any debts, liabilities, or obligations that the practice takes on become your personal debts, liabilities, and obligations. It also means that, if a lawsuit is brought against the practice, it could affect your personal assets, finances, and property. (And thus, your family’s financial well-being.)
Simply due to the high likelihood of lawsuits within the medical profession, especially malpractice cases, Sole Proprietorship is not recommended for most doctors. There is simply too much legal and financial risk.
LLC
Another option that’s available to medical practices is the Limited Liability Corporation or LLC. For those in private practice, this is often the best option. On the one hand, it provides a higher level of legal protection than the Sole Proprietorship. At the same time, LLCs are a bit easier to manage than some of the other legal structures that we’ll discuss momentarily.
One of the main reasons why the LLC for doctors is such a sensible option is that it allows some separation between the business and your personal assets. The upshot is that should a lawsuit be brought against your practice, all of your personal finances and properties are fully protected.
There are also potential tax incentives for choosing the LLC structure. LLCs offer a “pass-through” tax structure, meaning you’ll pay taxes as the business owner but the business itself will not owe anything. In other words, you can avoid the “double taxation” that other legal structures risk. And, in most cases, you will be able to avoid corporate tax rates.
Finally, LLCs offer plenty of flexibility. You can choose to be active in the management of your practice or bring in other partners to handle more of the day-to-day work. In other words, LLCs provide doctors with some control over just how much administrative oversight they have in the business.
PLLC
Alternatively, you could structure your practice as a Professional Limited Liability Company (PLLC).
In many ways, this structure resembles the LLC, including the pass-through tax option. The main distinction is that some states actually don’t allow you to form an LLC in a profession that requires professional licensure (and the medical service obviously qualifies). As such, the PLLC structure may be the best option.
Doctors may also opt to start a Professional Corporation (PC) but be warned that these businesses do not have the pass-through option. In other words, a PC is always taxed at the corporate tax rate, which may not be the most desirable option.
S-Corp
A final option for doctors to consider is the S-Corp.
S-Corps will allow you to enjoy the same pass-through tax benefits you’d get from an LLC. However, managing an S-Corp requires a little bit more hands-on effort, including financial disclosures, regular meetings of shareholders, and more.
Like the LLC, an S-Corp will offer certain legal protections, particularly in instances where a lawsuit is brought against the practice. Clearly, there are some perks, but for doctors who want something that’s a little more low-maintenance and easier to establish, the S-Corp may be a little too complicated.
Making a Wise Choice About Your Legal Structure
The average physician may have limited interest in the legal implications of practice ownership. And yet, choosing the right structure can be an important way to ensure the long-term viability of your practice, and the ease of managing it. Be mindful of the benefits of the LLC, in particular, while also taking the time to explore the other available options.
