A limited liability company (LLC) separates a company from its owners and protects them from financial losses, debts, or legal liability that the business may incur.
What is LLC? business structure It combines the simplicity, flexibility and tax benefits of a partnership with the personal liability protection of a business. This type of structure “limits” the responsibilities of its owners, called members.
Members can be individuals or other companies. There is no limit to the number of members an LLC can have, and it can include at least one member. Single member LLC.
LLCs are formed at the state level and are not recognized for tax purposes by the federal government. LLCs can choose how they are taxed. Company C, S Co., Ltd., entities (default for single-member LLCs) or partnerships (default for multi-member LLCs) are ignored. LLC members must apply to be taxed as a corporation.
Features
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Start time
$0
$0 + state fees
Advantages of LLC
There are several benefits to structuring your business as an LLC.
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Limited liability. Members' personal assets (homes, cars, bank accounts, investments) are protected from creditors seeking to collect from the company.
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Pass-through federal taxation on profits. Unless you choose otherwise. LLC is a pass-through entityThis means that profits are paid directly to members without being taxed by the government at the company level. This results in tax declaration The burden is lower than if the tax were levied at the company level, and even if the company incurs a loss, members can bear the burden on their own tax returns, reducing their tax burden.
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Management flexibility. Managers of an LLC can be members or outsiders, and can be as involved in managing the business as the member owners desire. In many states, LLCs are managed by their members by default unless explicitly stated in filings with the Secretary of State or equivalent agency.
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Easy to start up and maintain. Although it varies by state, the initial paperwork and fees for an LLC are relatively light. Ongoing requirements typically occur annually.
Disadvantages of LLC
Consider these possible drawbacks before registering your business as an LLC.
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Limited liability has its limits. A judge can rule that the LLC structure does not protect your personal assets. This behavior is called “piercing the corporate veil,'' and it can result in risk, for example, if you fail to clearly distinguish between business and personal transactions, or if you engage in fraudulent business operations that cause loss to others. may be exposed to.
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Self-employment tax. When an LLC is taxed as a partnership, the government considers the members who work in the business to be self-employed. This means that these members are personally responsible for paying Social Security and Medicare taxes (collectively referred to as “Social Security taxes”). self-employment taxbased on a company's total net income.
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Impact of member turnover. In many states, changing membership requires dissolving and reorganizing the LLC, which requires all the normal legal and financial obligations required to close and start a business.
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Single Member LLC. An organization with one owner who is responsible for the taxes, operations, and debts of the LLC.
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Multi-member LLC. In organizations with multiple members who share responsibility for the business, everyone must sign the company's operating agreement.
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Member-managed LLC. An entity managed by members.
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An LLC managed by a manager. A company that hires external managers to run day-to-day operations rather than having its members manage the business themselves.
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PLLC. Entities whose professions are subject to licensure by a state regulatory commission, such as certified public accountants, paralegals, and medical offices.
Please select a name
Register a unique name in the state where you plan to do business. To make sure your business name is not known to others, thoroughly check your state's online directories, county clerk's office, Secretary of State's website, and other places you plan to do business. Please search specifically. Many states allow applicants, for a fee, to reserve an LLC name for a period of time before filing articles of incorporation.
Please select a registered agent
a registered agent The person you designate to receive official communications to the LLC. Select a registered agent before filing articles of incorporation. Each state typically requires the name and address of the registered agent to be included on the form. Typically, in-house people can fill this role, but the state maintains a list of third-party companies that perform registered agent services.
Organization file articles
This step effectively creates an LLC. The state will request basic information about your business. business plan It shouldn't be difficult to provide structure. As part of submitting your application, you will also enter details such as your name, principal place of business, and type of management. organization articles.
Obtain an employer identification number
The IRS requires businesses that have or operate as employees. corporation or partnership have Ain, which is a nine-digit number assigned to a business for tax purposes. This rule applies to LLCs because they are either corporations or partnerships for federal tax purposes.
Create an operating agreement
your LLC operating agreement It should include specific information about the management structure, such as ownership breakdown, voting rights of members, powers and duties of members and managers, and how profits and losses are allocated. Depending on the state, the agreement can be written or oral. Although not required in many states, it's nice to have.
Open a business checking account
In general, it's good housekeeping to keep work and personal matters separate.have a separate business checking account A bright line is drawn between the two. This is critical if you want to reduce the potential risk to your personal assets if your business practices are brought into question by litigation.
sign up for insurance
Forming an LLC protects your personal assets from lawsuits.But get LLC insurance It also helps protect your business assets.
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