Limited liability companies (LLC) in my opinion would be the best way to go to start up a business. With the ability of choosing which regime of taxation the business will identify with, protection from liability for the debts accrued by the business, no double taxation on business and member, and having the business counted as a separate entity, LLCs enjoy many of the benefits that corporations do, while being counted as a default partnership where new LLC laws do not cover an issue. Opening a restaurant as an LLC is ideal because of the lesser amount of paperwork that has to be done, and the ability to have numerous members, permitting LLCs to exercise more efficiency which saves time advertisement startup capital per member. While LLCs …show more content…
Firstly, sensibly, the name must be unique. No LLC may use an existing name to identify as, to prevent tax and brand confusion. Secondly, the business must identify clearly as an LLC somewhere in its brand name. Last, one cannot include a restricted or prohibited word in the name of the company, such as anything that can identify as a federal or state institution or infers that professionals are part of the company where there are no such beings. As long as the business follows these three rules, the business name will be automatically filed with the state, easing the creation of the business by limiting the amount of paperwork to non-duplication. The SBA goes on to state that one must file articles of organization, which “is a simple document that legitimizes your LLC and includes information like your business name, address, and the names of its members. Following this, it is prudent to create a business hierarchy, so that everyone involved in the business knows what they should be doing, and how much of the operation is their responsibility. One should then file the appropriate documents with the correct federal, state, or local offices, in order to receive a license to operate. Some states require that new business announce their presence in local newspapers, but either way, one should hire appropriate staff for the type of business one is beginning. The advantages of forming an LLC, as stated before, allow members to enjoy tax and liability protection.
Failure to handle these situations properly can lead to huge product liability suits and even bankruptcy.
When looking at liability, creating an LLC will limit the owner’s exposure to just his invested amount. This will legally shield his home, bank accounts, family’s property and other personal assets from seizure or liquidation in the event the company is held responsible for any of the situations mentioned, such as a cabinet falling or subcontractor failing to perform. It would also protect him in the event the expansion of his company fails, and a worst case scenario of the company going under.
This allows each owner to protect personal assets from claims and lawsuits against the company. This limits the liability of each owner the amount that he or she has invested in the business. The LLC also has the option to choose your own tax situation. In addition, the ruling does not affect the personal finances of the owner as a sole proprietorship.
A limited liability company consists of a single owner, or sometimes more than one owner, and are not taxed as separate business entities. All profits and losses pass through the business to those who own the company. Owners must report profits and losses on their personal tax return filing as a corporation, partnership, or sole proprietorship. If the LLC is ran by a single owner, they file a 1040 Schedule C form as a sole proprietor. Partners file a 1065 form consisting of a partnership, and a form 1120 is filed if the LLC is filing as a corporation. The LLC must be registered such as the State Corporation Commission, Department of Commerce and Consumer Affairs, Department of Consumer and Regulatory Affairs, or the Division of Corporations and Commercial Code. The great thing about an LLC is that the owner has freedom in management. The owner is able to run the organization as they see fit not answering to anyone,
Limited Liability Company (LLC) combines the tax advantages of a partnership with the limited liability aspects of a corporation. LLC’s are governed by the Uniform Limited Liability Company Act (ULLCA). All members of the LLC enjoy limited liability unless there is serious misconduct is committed by said member(s), or a member fails to follow through on an obligation. All this should be outlined in your preformation contract. You will have more flexibility with taxation and options on how to manage the company. It would be advisable to also have an Operating Agreement. This will dictate how management will be hired and fired, division of profits, how to transfer interest in the event a member chooses to opt out or dies. What steps to take in the event of dissociation of a partner, and if it causes the dissolution of the LLC. Most importantly how the members vote in the LLC. The weight of the members vote is in accordance with the member’s capital
The last of the four types includes the limited liability company, also known as a LLC. An LLC is an unincorporated form of business that carries characteristics of all of the other three forms of business. An LLC can choose to be taxed as a partnership, the owners can manage the business, and the owners have limited liability for debts and obligations of the partnership. LLC’s are
By forming an LLC John can take advantage of deducting certain business expenses. Purchases relating to business can be written-off. By deducting these expenses, John will be able to reduce his taxable income.
There are many other forms of business entities available to entrepreneurs, the main type are sole proprietorship, general partnership, limited partnership, limited liability company (LLC), and corporations.
A Limited Liability Company (LLC), as the name states, has the ability in keeping your liability limited as a professional owner. This is fundamental in protecting your personal assets by separating them from your business assets. In choosing to run a LLC company, we have agreed that a manager-managed business would be conducive to our field of industry. Although one person will have the authority in overseeing the daily tasks of running the business, all non-managing members will still have an input in all decisions in regards to the enterprise. Contract negotiations and employment are just a few of the joint duties of all members. Running an LLC has many advantages like flexibility, limited liability in business related debts, pass-through taxes, and reliability standing. However, with perks there are always some downfalls, such disadvantages consists of being subjected to self-employment tax or if a member departs the LLC ceases to exist, although an Operating Agreement can reverse this challenge. As you can see, running an LLC has more pros, out weighing the cons of such companies.
The set up and management consists of members of the company that will manage the business, along with setup of the taxation structure for an LLC that is as a single member LLC-SMLLC. As stated earlier an LLC has attributes of other business formations such as: limited/general partnerships and corporations.
“The net income of the LLC is subject to this tax. The federal government does not recognize LLC as a business entity for taxation purposes, all LLCs must file as a corporation, partnership, or sole proprietorship tax return. Certain LLCs are automatically classified and taxed as a corporation by federal tax law.” SBA. (2013)
The filing will be done with the IRS in the state which the business is formed. Articles of Incorporation would be filed with the state, and the owners would apply for a federal ID number. They would then file form 8832 and choose S corporation status. The company would then file as Company X, LLC, but would file an 1120S each year, which is the corporate tax return and is prepared for each individual shareholder and identifies the percentage of company shares owned by the individual for the tax year. Each member would then receive a K-1 with the appropriate percentage of income or
LLCs provide some liability protection to their owners, who are generally not personally responsible for the business debts and liabilities of the LLC. Creditors cannot pursue the personal assets of the owners to pay
When the sole proprietor incorporates, it gives advantages and disadvantages. The advantage is that the owner can sales shares to investors and raise capital. Moreover, with an incorporated business the owner and the employees can benefit from health insurance, workers compensation, insurance against accidents, etc. Another advantage of incorporating the business is that it guarantees the safety of the personal assets. For example, if there is an accident or the business defaults on the bank loan, only the business will be liable. The personal assets such as your house or car will not be
After the creation of a business plan, the next step to operating a business is the selection of an appropriate business structure. Different legal forms of business ownerships affect different managerial and financial factors from the business names to the tax obligations (Gregory, n.d.). The most common forms are sole proprietorship, partnership, cooperatives, and corporations. There are different types of corporations in the business world, but the two most general corporation types are S Corporation and Limited Liability Company (LLC) (Ferrell et al., 2013). The sole proprietorship is the easiest and most basic form of business ownership. It is owned and run by one individual, which is the proprietor. The individual is entitled to all profits and is responsible for all the business’s