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When to Form an LLC

You’ve decided to start a business. Congrats! Now it’s time to decide what kind of business structure to choose. Here’s everything you need to know about forming an LLC.

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Introduction

An LLC, or limited liability company, is a business structure that can combine the best features of a corporation and a partnership. An LLC is not a corporation, and it is not a partnership. An LLC is its own legal entity.

There are many reasons why you would want to form an LLC. One reason might be to limit your personal liability for the debts and obligations of the business. Another reason might be to receive favorable tax treatment from the IRS.

If you are thinking about forming an LLC, you should consult with an experienced business attorney to discuss the best way to structure your business. You will also need to file articles of organization with your state government and pay any applicable filing fees.

What is an LLC?

An LLC, or limited liability company, is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. An LLC is not a corporation, so it does not issue stock. Instead, it has members who can be natural persons (individuals), trusts, estates, other LLCs or corporations.

The Pros of Forming an LLC

One of the main benefits of an LLC is that it can help protect your personal assets. If your business is sued, the LLC can help shield your personal assets, such as your home or car, from being seized. LLCs can also help you save on taxes. Because an LLC is a separate legal entity, you can often deduct business expenses on your personal taxes.

Limited Personal Liability

One of the main advantages of forming an LLC is that it provides its owners with limited personal liability. This means that if the LLC is sued, the owners’ personal assets will not be at risk. Only the assets belonging to the LLC are at risk in such a situation. This is a major advantage over sole proprietorships and partnerships, which do not offer their owners limited personal liability.

Another advantage of forming an LLC is that it can help to make your business look more professional. This can be helpful when you are trying to attract investors or customers. An LLC can also make it easier to get credit and loans for your business. Banks and other lenders often view LLCs as being less risky than sole proprietorships and partnerships, so they may be more willing to provide funding to an LLC than to one of these other types of businesses.

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Pass-Through Taxation

One of the biggest advantages to forming an LLC is what’s called “pass-through taxation.” This means that the business itself is not taxed on its profits; instead, the LLC members are taxed on their share of profits. So, if your LLC has two members and it made $100,000 in profit last year, each member would only be taxed on $50,000 of that income (assuming they each own 50% of the company). The taxes are paid “out” of each individual’s share of the profits; the company itself never pays taxes on its earnings.

Flexible Management Structure

One of the biggest advantages to forming an LLC is the flexibility it offers in terms of management and structure. Unlike corporations, LLCs are not required to have a board of directors, executive officers, or even shareholders. This lack of formalities gives LLCs the freedom to set up their business in a way that works best for them.

LLCs also have the option to elect to be taxed as a corporation. This allows LLCs to choose how they want to be taxed, which can provide significant tax benefits. For more information on the pros and cons of forming an LLC, check out our Formation Guide.

The Cons of Forming an LLC

While there are many benefits to forming an LLC, there are also some potential drawbacks that you should be aware of. One of the main drawbacks is that it can be more expensive to set up and maintain an LLC than it is to operate as a sole proprietor or partnership. You will also need to file additional paperwork with the state and you may be subject to more regulations.

Self-Employment Taxes

In addition to paying income taxes on the profits generated by your LLC, you will also be responsible for paying self-employment taxes. These taxes, which include Social Security and Medicare, are typically withheld from paycheck earnings. However, because LLC members are considered self-employed, you will need to pay these taxes yourself.

For many business owners, this can come as a surprise. And if you’re not careful, it can quickly eat into your profits. For this reason, it’s important to factor self-employment taxes into your overall LLC formation budget.

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One way to reduce the impact of self-employment taxes is to forming an S Corporation. As an S Corporation, you will be able to avoid double taxation by designating yourself as an employee of the LLC. This will allow you to pay your share of self-employment taxes through payroll deductions.

Of course, forming an S Corporation is a bit more complicated than simply forming an LLC. And it’s important to weigh the pros and cons before making a decision. You can learn more about S Corporations in our article “Is an S Corporation Right for Your Business?”

Complexity and Cost

The biggest downside of forming an LLC is the increased complexity and cost. An LLC is a more complicated business structure than a sole proprietorship or partnership, and it requires compliance with more rules and regulations. You’ll need to file articles of organization with your state government and pay an initial filing fee, as well as ongoing annual fees. You may also be required to obtain a business license from your city or county government.

In addition, LLCs are subject to self-employment taxes, which means you’ll have to pay Social Security and Medicare taxes on your business income (although you may be able to deduct half of these taxes from your personal income tax return). And if you have partners, you’ll need to file partnership tax returns in addition to your personal tax return.

All of this paperwork and compliance can be complex and time-consuming, which is why many small business owners choose not to form an LLC. If you decide to form an LLC, it’s important to work with an experienced lawyer or accountant who can help you navigate the process and ensure that you’re in compliance with all the applicable rules and regulations.

When to Form an LLC

If you’re thinking about forming an LLC, you may be wondering when the best time to do it is. The answer depends on a few factors, including the business’s structure and the state in which it will be registered. Here’s a look at a few things to keep in mind when deciding when to form an LLC.

When You Need Limited Personal Liability

If you are starting a business, you may be wondering whether you should form a limited liability company (LLC). An LLC provides personal liability protection for its owners. This means that if the business is sued, the owners will not be held personally liable for any damages. Instead, the LLC itself will be responsible for any debts or judgments against the business.

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LLCs are also convenient because they allow businesses to have multiple owners. Each owner can contribute money, property, or labor to the LLC in exchange for an ownership stake in the company. This makes LLCs a good choice for businesses that are starting up with investors or partners.

Another advantage of LLCs is that they are not subject to many of the corporate income taxes that other business structures are. For federal tax purposes, an LLC can elect to be taxed as a sole proprietorship, partnership, or corporation. This flexibility allows businesses to choose the tax structure that best suits their needs.

So when should you form an LLC? Generally speaking, you should form an LLC whenever your personal assets are at risk from debts or lawsuits against your business. If your business will have investors or partners, an LLC is also a good choice. And if you want to minimize your business’s income taxes, forming an LLC may help you do that as well.

When You Want Pass-Through Taxation

An LLC can choose to be taxed as an S corporation or a C corporation. This means that the LLC itself does not pay taxes on its profits—instead, the LLC’s owners (called members) pay taxes on their share of the LLC’s profits on their personal tax returns. This is known as pass-through taxation.

When You Need a Flexible Management Structure

An LLC can offer you the best of both worlds when it comes to business ownership and management. You’ll get the limited liability protection of a corporation, with the flexibility of a partnership. That makes it an attractive choice for many business owners.

Here are some situations when you might want to consider forming an LLC:

-You’re starting a business with one or more partners.
-You want to protect your personal assets from business debts and liabilities.
-You’re investing in a high-risk business venture.
-You’re operating in a heavily regulated industry.

Here's How To Create An LLC in Just Minutes!

*This applies to Virginia residents too!

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