Tag Archives | LLC

Limited Liability Company (LLC)

See Also:
S Corporation
General Partnership
Limited Partnership
Partnership
Sole Proprietorship

Limited Liability Company (LLC) Definition

A Limited Liability Company or LLC is a business form which provides limited liability much like a corporation. There can be an unlimited number of members to the company. There are also many tax benefits that emerge from forming this type of business.

Limited Liability Company (LLC) Meaning

A Limited Liability Company means that it contains the same barrier to personal liability for actions by an employee or member of the company unless there is a case of fraud or gross negligence. Members are unlimited, but there are limitations in that all members must be domestic. In addition, a member can be anything like a private equity group, corporation, or any individual as long as they are an American citizen.


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Advantages of a Limited Liability Company (LLC)

Limited Liability Company (LLC) advantages range from taxes to the limited exposure by members discussed above. There are tax benefits in that an LLC has the choice of being taxed like a partnership or a corporation. The first option means that the profits and losses will flow through to the members, but this all depends on ownership percentages or an agreement by contract. Therefore, the IRS only taxes members once at the individual level. An LLC can choose to be taxed as a corporation as well. This means that the company would have certain salaries for its members and the actual entity will taxed as a whole.

Another large benefit of the Limited Liability Company is the ability of the company to own its own intellectual property. Because this is a private form, there is also greater protection from being acquired by other companies. This allows the company to grow at its own pace and make decisions without having to worry about pursuit of other companies.

Disadvantages of a Limited Liability Company (LLC)

One disadvantage of an LLC is the cost; it’s typically more expensive to operate than partnerships and/or proprietorships. There are annual state fees when you operate an LLC. In addition, banks usually have higher fees for LLCs than they do for other entities.

Another disadvantage is that you need to separate all records – business vs. personal. The money, meeting minutes, structure, and records all needs to be separate.

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Limited Liability Company

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Limited Liability Company

Originally posted by Jim Wilkinson on July 24, 2013. 

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Single Member LLC Definition

Single Member LLC Definition

A Single Member LLC definition is a limited liability company with one member. It’s a type of entity that has caught on across the United States. It was created to satisfy emerging needs from the rapidly changing business world. One example of this is the owner/member requirements of limited liability companies. The owners are often not required to be individuals, citizens, or a specific type of business. This gives more flexibility to single member limited liability companies as well as conventional limited liability companies.

One LLC variable that varies from state to state is whether a husband and a wife can own a single member LLC. Some states allow this, while others prohibit it. As you can see, many questions and possibilities arise when forming this type of entity. If you are unsure, then seek professional advice to make sure that you are fully protected and acting within the law.

Why File For a Single Member LLC

LLCs have been very widespread since their invention. There are many different advantages of having an limited liability company. One of the broad advantages is the flexibility of taxes. Determine whether you want your LLC profit to flow-through to your personal income or whether it will be taxed as a corporation. The limited liability that this structure offers its members is another large advantage. LLCs’ liabilities are separate from the members as long as the corporate veil stays intact. One more significant benefit of limited liability companies is the ease of formation and lack of upkeep. LLCs have less stringent requirements than corporations and are faster, cheaper entities to form.


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Things to Consider First

If you’ve decided that an LLC or single member LLC is right for your business, then consider the following questions:

  • Will you be reinvesting a majority of profits into the business? If so, consider opting to be taxed as a corporation.
  • Are you going to do business internationally?
  • Is the single member LLC for you?
  • Are there multiple owners? Is your operating agreement thorough enough?
  • What are your state’s laws regarding LLCs?

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See also:
Corporate Veil

Originally posted by Jim Wilkinson on June 6, 2014. 

Single Member LLC definition

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Single Member LLC

Single Member LLC Definition

Single Member Limited Liability Companies are LLC’s wholly owned by one member. The Internal Revenue Service (IRS) treats these companies as “a disregarded entity” in tax terms. The entity is disregarded as separate from the member for income tax purposes. In other words, the business’s income flows through to the owner’s personal income tax form; however, this does not mean that the single member LLC avoids other taxes.

As a single member LLC, you have to option to act as a corporation. This changes the tax implications for the business. Taking this option into consideration is important when filing the business. The member should also consider the tax implications of having all income taxed at a personal income tax rate versus a corporation tax rate. It is best to ask a tax professional before filing.

Furthermore, it takes careful consideration about the type of company and whether it will require significant reinvestment of profits. A single member LLC can benefit from being taxed as a corporation if it plans to reinvest large amounts of its profit. This prevents all the profits from being taxed at a personal income tax rate just to be reinvested into the company.

Sole Proprietorship vs LLC

If the IRS taxes a single member LLCs like a sole proprietorship, then what makes them different than a sole proprietorship? Sole proprietorships lack limited liability protection. Any liabilities taken on by the business puts the owners at personal risk. For example, imagine a local restaurant is a sole proprietorship. If someone is injured on the restaurant’s property, then they can hold the owners of the restaurant personally responsible. Insurance can help protect the owners, but sole proprietorships lack the inherit protection that limited liability companies have; however, if a LLC breaks the corporate veil, then its owners are subject to liabilities personally as if it was a partnership or sole proprietorship.

Limited liability companies offer the members more protection than proprietorships or partnerships. They are a mix between partnerships and corporations with several benefits from both. It is a recent type of entity. As a result, it has become one of the most popular. Furthermore, the formation of limited liability companies in states without an income tax is very popular. In the following states, single member LLC members avoid paying a state income tax on top of the federal income tax.

  • Alaska
  • Florida
  • Nevada
  • New Hampshire
  • South Dakota
  • Texas
  • Tennessee
  • Washington
  • Wyoming

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Single Member LLC

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Single Member LLC

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S Corporation vs C Corporation
Limited Liability Company (LLC)

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S Corporation vs C Corporation

See Also:
S Corporation
C Corporation
Limited Liability Company (LLC)

S Corporation vs C Corporation

Although these two entities are very similar, there has always been a debate between an S corporation vs C corporation. The S corporation vs C corporation debate has been ongoing for a while. The following are some major differences that exist which may help an entity choose the proper class of corporation.

Double Taxation

In a C corporation, the entity is forced to pay Federal Income Taxes at the entity level and again at the individual level when it distributes dividends to its shareholders. This double taxation is a huge disadvantage to the C corporation. It acts as a flow through entity much like a partnership. Each individual is only taxed on their earnings from the s corp at the individual level on schedule E of the IRS form 1040.

# of Shareholders

An S corporation can only have 100 shareholders total. This is good if it is a smaller company. However, for larger companies, this is simply not possible because of the amount of cash flow needed to finance a larger corporation. Consider all family members within the S corporation as only one shareholder. This means that there is a way in which there could be more than 100 shareholders. It also means that S corporation holders can increase their interest in the business without losing the status of an S corp.

Forms of Stock

C corps can issue several different forms of stock to obtain financing for its operations. In comparison, an S corporation can only have one class of stock. The C corporation’s advantage is that it has the ability to issue preferred shares or other classes depending on its needs.

Type of Company

You can form S corps only after you set a company as a C corp or a Limited Liability Company (LLC). This is a disadvantage for entities that would like the S corporation status (i.e. partnerships because of the similarities between the two).

Note: This is by no means all of the S corporation and C corporation differences. However, our list includes some of the main ones that influence a company to go one way or another.


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s corporation vs c corporation

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s corporation vs c corporation

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Partnership

Partnership Definition

A partnership is a type of business organization. Two or more individuals own and operate this business organization. These individuals are partners. Furthermore, it is unincorporated. Although it is not considered a legal entity separate from its owners, the details of this arrangement are stipulated in a contract. Call that contract a partnership agreement. This includes both profit and loss sharing and decision-making rights.

Types of  Business Partnerships

There are different types of business partnerships, including general partnerships and limited partnerships. Depending on the type of arrangement, the entity may be privately-owned or publicly-owned. The partners may have limited liability or unlimited liability for the activities and obligations of the business.

When there is a change in ownership or a change to the original partnership agreement, this relationship dissolves. If any partner dies or leaves the organization, then the other partners must dissolve the entity and create a new partnership. When any changes are made to the original contract, the partners must dissolve the entity and create a new organization.

Advantages and Disadvantages of Partnerships

There are several advantages to having this kind of entity. Business partnerships are easy to establish and are easy to dissolve. In addition, they give the partners a significant amount of operational freedom and flexibility. Also, partnerships do not pay corporate income tax (taxes are paid by the partners at the individual level). And as opposed to a sole proprietorship, a partnership can utilize the capital, entrepreneurial skills, and managerial expertise of more than one individual.

The disadvantages include the following:

  • Unlimited personal liability of the general partners
  • Limited access to capital resources

Partnership

See Also:
S Corporation

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