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The Daily Insight

What business structure is a franchise?

Author

Sarah Duran

Published Mar 31, 2026

The most common legal structure options are S-corporations, C-corporations, sole proprietorships, general partnerships and limited liability companies. S-corps are becoming more popular in recent years among franchisees due to the tax benefits afforded to smaller businesses with fewer stakeholders.

Is franchise a type of business ownership?

Franchise. Franchising is a form of ownership far different from the ones previously mentioned. This form of ownership allows a franchisee to borrow the franchisor’s business model and brand for a specified period. If a franchisee wants to sell their business, the franchisor must approve the new buyer.

Are franchise owners considered small business owners?

“They put their heart and soul into their business. While the corporate brand does offer support that many independent small-business owners don’t have, franchise owners are small-business owners who create jobs and contribute to a community’s economy just the same.”

Can a sole proprietor own a franchise?

While a franchise sells you the rights to use a patented business model, you are still the only owner if you don’t have any partners or haven’t purchased the franchise under a corporate umbrella. A single franchise owner is a sole proprietor when it comes to the financial responsibilities and tax-filing procedures.

Who owns the most franchise?

2017

RANKCOMPANYUNITS
1NPC INTERNATIONAL1,478
2TARGET CORP.1,170
3FLYNN RESTAURANT GROUP854
4CARROLS GROUP762

Can a small business franchise?

Franchising your small business can be a great way to achieve business growth while minimizing the overhead costs involved in opening additional locations yourself. Although the process of franchising a small business can be challenging, it can also be professionally and financially rewarding.

Do you need an LLC to open a franchise?

Buying a franchise does not automatically provide you with limited liability. You must still form your own corporation or LLC in order to obtain the benefits of limited liability. Otherwise, you will have a sole proprietorship or partnership which could subject you to personal liability.

What is the richest restaurant franchise?

Which Fast Food Restaurants Make the Most Money?

  • McDonald’s: $37 billion in system-wide U.S. sales.
  • Starbucks: $13 billion in system-wide U.S. sales.
  • Subway: $10.8 billion in system-wide U.S. sales.
  • Burger King: $10 billion in system-wide U.S. sales.
  • Taco Bell: $9.8 billion in system-wide U.S. sales.

Franchising is not a partnership. There is no fiduciary relationship between a franchisee and a franchisor. A franchisor and franchisee share a common brand; although interdependent with each other, they are independent businesses that are really in different businesses.

What kind of business structure does a franchise have?

As with a regular business, the franchises have their own type of business structure. There are three types of business structures which include the partnership, sole trader and the proprietary limited company.

What are the tax aspects of franchise ownership?

Similar to the franchise fee, organizational and start-up costs (e.g., legal and consulting fees) must be amortized over 15 years, subject to an exception allowing an initial deduction of up to $5,000 of organizational costs and $5,000 of start-up costs.

How are franchise fees paid to the franchisor?

On the other hand, these franchise benefits come at a cost in the form of upfront and ongoing payments to the franchisor. The franchisee is generally obligated to make two types of payments to the franchisor: a franchise fee and a royalty. The franchise fee is usually paid in full upon entering into the agreement.

Why do you need a proprietary limited company to operate a franchise?

Setting up a proprietary limited company to operate a franchise will protect your personal assets, as a company is a separate legal entity. It is capable of owning its own assets and liabilities and entering into contracts on behalf of the franchise. It is a more straightforward structure to operate than a two-tiered company or trust.