New England Business Attorneys
Trusted Legal Expertise for Business Formation & Contract Disputes
Starting a business comes with its share of legal complexities that differ from state to state. Whether you’re starting a new business, incorporating an existing business, forming a partnership, or resolving business disputes, having trusted legal counsel is essential for long-term success. At New England Law Group, our business attorneys specialize in local business formation and dispute resolution, offering tailored, cost-effective legal services. Our team is committed to supporting New England businesses with expert guidance.
For your convenience, you can schedule a call or Zoom consultation with a business law attorney directly from our website, ensuring you get the personalized support you need, when you need it.
Business Formation: What You Need to Know
Why an S Corporation May Be Better for Your Business—Even If You’ve Already Painted the Truck
At New England Law Group, I’ve helped many small business owners set up their corporate structure—and while business formation isn’t usually a source of humor, every once in a while, a story comes along that’s too good not to share.
A solo electrician came to me recently for help incorporating his business. He was doing well, booked with jobs, and wisely wanted to protect his personal assets by forming a legal entity. He told me right away that he wanted to set up an LLC. He’d heard it offered liability protection and flexibility—and of course, those are both true in the right context.
But I’ve learned that the best way to serve my clients isn’t to just do what they ask—it’s to take the time to understand their business and recommend what fits best. So I sat down with him and asked my usual questions: What kind of work do you do? Do you have employees? How do you pay yourself?
What I found out was that he ran a solid operation. He was the primary worker, occasionally assisted by a part-time apprentice. He preferred to pay himself a regular salary, which gave him the benefit of tax withholdings, Social Security contributions, and a consistent income history that could help with future borrowing.
Based on all that, I explained that while I could absolutely set up an LLC for him, a traditional corporation with S-corporation tax treatment might actually serve him better. The S-corp structure would allow him to continue paying himself a salary and potentially reduce his self-employment tax burden—something the LLC structure, in his case, wouldn’t do as efficiently.
I also pointed out that both the LLC and the S-corporation offer equal liability protection when set up and maintained properly. The word “limited liability” might not appear in the name of a corporation, but the protection is absolutely there. For a solo electrician who isn’t taking on partners or seeking complex ownership arrangements, the LLC’s added flexibility just wasn’t necessary.
Then I got into the numbers. In Massachusetts, LLC filing and annual fees are generally higher than for a corporation. So not only would the S-corp potentially save him on taxes, but it would also cost him less to maintain year after year.
Despite all this, he still seemed hesitant. So I asked him directly, “What’s holding you back?”
And that’s when he smiled sheepishly and told me, “Well… I already had the pickup truck painted with my business name ending in ‘LLC.’”
I couldn’t help but laugh. And I told him something I’ve told clients before in different contexts: It’s probably cheaper to repaint the truck than to run your business in the wrong entity.
At the end of the day, I want clients to feel confident—not just about their legal protection, but about how their business structure supports their financial goals. Choosing between an LLC and an S Corporation isn’t just a matter of preference—it’s about what works best for your day-to-day operations, your income, and your future plans.
So if you’re unsure about which entity is right for you—or if, like my client, you’ve already committed to branding but haven’t formed the structure—don’t worry. You’re not alone, and there’s always a path forward.
At New England Law Group, we offer free consultations via Zoom or phone to walk you through your options. Whether you’re a solo tradesperson, a consultant, or starting your own firm, we’ll take the time to understand your needs and help you choose the right foundation for your business.
Call us today at 617-546-5000 to schedule your consultation. We’ll help you make the right legal choice—truck paint or not.
Why Incorporating Your Business Could Save Everything You’ve Worked For
At New England Law Group, one of the most important conversations we have with new or growing business clients is about the value—and necessity—of incorporating. The main reason to incorporate your business is simple: to protect your personal assets from business-related liability.
I often explain it like this: picture two buckets. One holds your personal and family assets—your home, your bank accounts, your retirement savings. The other holds your business assets—tools, work vehicles, inventory, business income. When you incorporate, you’re building a wall between those two buckets. Without that wall, everything in your personal bucket could be at risk if your business is ever sued.
Statistically speaking, most businesses will face some form of dispute at some point. It might be a contract disagreement, a customer complaint, an employment issue, or even an accident on the road involving an employee. These issues often lead to claims or lawsuits. If your business isn’t properly incorporated, your personal assets could be on the line in any one of these situations.
Here’s a real-world example from our firm. I represented a painter—let’s call him John—who started out doing small trim jobs in his neighborhood. Over time, he built up a thriving business, eventually running a crew of several employees with multiple trucks on the road. Despite his success, John had never incorporated his business. He kept meaning to, but other priorities always got in the way.
One day, one of John’s employees caused a serious car accident while driving a company vehicle between job sites. The injured party filed a lawsuit not only against the painting company, but against John personally—because legally, there was no separation between him and the business. The accident occurred in the normal course of employment, and unfortunately, the injuries were significant. The claim far exceeded the company’s insurance limits, and because John hadn’t incorporated, his personal assets—his home, savings, and future earnings—were now exposed to the lawsuit.
Had the business been properly incorporated, the legal claim would have been limited to the assets of the corporation or LLC. John’s personal finances would have been protected. Instead, he faced devastating consequences that could have been easily avoided.
This is why we urge every business owner—whether you’re just getting started or have been running a successful company for years—to take that critical step of forming a legal entity. Incorporating isn’t just a formality. It’s the foundation of long-term asset protection and peace of mind.
If you’re unsure about your current business structure or you’ve been putting off incorporating, don’t wait until it’s too late. At New England Law Group, we help business owners understand their options and take the right legal steps to protect what matters most.
Call us today at 617-546-5000 to schedule a consultation. We’ll walk you through the process, answer your questions, and make sure your business—and your personal assets—are properly protected.
S Corporation vs. LLC: Which Structure Is Right for Your Business?
At New England Law Group, one of the most common questions I receive from small business owners and entrepreneurs is whether they should form an S Corporation or a Limited Liability Company (LLC). It’s a great question—and an important one. The answer depends on several factors, including the nature of your business, how you plan to pay yourself, and your long-term goals.
Many new clients come in asking specifically for an LLC. It’s a familiar term, and understandably, people are drawn to the idea of “limited liability” being baked right into the name. And in many cases, an LLC is indeed the best option for their situation. But just as often, I find that business owners aren’t aware that a traditional corporation with S corporation (Subchapter S) tax treatment can offer the same level of liability protection—and sometimes even greater tax advantages.
Let’s start with liability. Whether you choose an LLC or an S Corporation, both structures provide a legal shield that separates your personal assets from your business liabilities. That means if your business is sued or incurs debt, your personal property—like your home or retirement accounts—won’t be on the line (as long as you maintain the business properly). There’s a common misconception that an LLC offers more protection simply because of its name, but in truth, a properly formed and maintained S Corporation offers the same liability protections under Massachusetts law.
So why would someone choose one over the other? Often, it comes down to taxation.
An LLC is typically treated as a “pass-through” entity for tax purposes, meaning business profits and losses are reported directly on the owner’s personal tax return. That structure works well for many small businesses, particularly those just getting started.
However, an S Corporation allows business owners to split their income between a reasonable salary (subject to payroll taxes) and dividends (which are not). This structure can result in significant savings on self-employment taxes—a major benefit for businesses that generate consistent profits and are looking to grow. In other words, if your business is generating real income and you’re not yet incorporated—or you’re considering switching structures—this is a conversation worth having.
The key takeaway here is that one size does not fit all. Each structure has its pros and cons, and the best choice depends on your specific situation. It’s easy to check a box online and form an LLC, but taking the time to speak with a qualified business attorney can make a major difference in your legal protection and long-term tax strategy.
At New England Law Group, we regularly work with sole proprietors, freelancers, and growing small business owners to help them choose the right entity structure and protect what they’re building. Whether you’re looking for peace of mind, tax savings, or just someone to explain the options clearly, we’re here to help.
Schedule a free phone or Zoom consultation with me to find out which structure makes the most sense for your business. We’ll take a close look at your goals, your current situation, and your growth plans—then walk you through the pros and cons in plain English.
Call us today at 617-546-5000 to get started. We look forward to helping you take the next step in building your business—safely and strategically.
Schedule a Call/Zoom with a Contract Lawyer
If you are starting a new business or dealing with a business dispute, don’t wait to get the legal help you need. At New England Law Group, our business attorneys are ready to help you navigate the complexities of business law. Schedule a call or Zoom consultation with a business law attorney through our easy-to-use online calendar. Let us help your business succeed—reach out today!
