Why would someone start an LLC [New Data]

Last updated : Aug 21, 2022

Current : 2753

What is the point of having an LLC?

A Limited liability company (LLC) is a business structure that offers limited liability protection and pass-through taxation. As with corporations, the LLC legally exists as a separate entity from its owners. Therefore, owners cannot typically be held personally responsible for the business debts and liabilities.

What is the downside to an LLC?

Profits subject to social security and medicare taxes. In some circumstances, owners of an LLC may end up paying more taxes than owners of a corporation. Salaries and profits of an LLC are subject to self-employment taxes, currently equal to a combined 15.3%.

How much does an LLC cost?

You can file the LLC filing documents online, by mail, or in-person when visiting the local SOS office. The filing costs usually vary from $50 to $150 which is a single-time fee. If you plan to form your company in another state, then you might have to provide additional documentation and pay a higher formation fee.

Is an LLC a good idea?

An LLC's simple and adaptable business structure is perfect for many small businesses. While both corporations and LLCs offer their owners limited personal liability, owners of an LLC can also take advantage of LLC tax benefits, management flexibility and minimal recordkeeping and reporting requirements.

What does LLC mean for dummies?

A limited liability company (LLC) is a business structure in the U.S. that protects its owners from personal responsibility for its debts or liabilities. Limited liability companies are hybrid entities that combine the characteristics of a corporation with those of a partnership or sole proprietorship.

Are LLC double taxed?

Income from an LLC can be taxed twice to the ownerâ€”once in the US and once in Canada. US tax is owed when income is earned, while Canadian tax isn't owed until cash is distributed.

How does an LLC protect you?

When you form an LLC, you establish a new business entity that's legally separate from its owners. This separation provides what is called limited liability protection. As a general rule, if the LLC can't pay its debts, the LLC's creditors can go after the LLC's bank account and other assets.

When should a sole proprietor become an LLC?

When Should You Open an LLC? There are a few reasons to open up an LLC instead of operating as a sole proprietorship: You want to expand the company to more than one owner in the future, which is easy with an LLC. You want to protect your personal assets from potential financial and legal liability.

How do I protect my personal assets when starting a business?

Separate the Business. The first, and potentially most important thing you can do to protect your personal assets is to create a business entity that's separate from you, personally.
Avoid Taking Personal Loans.
Use Common Sense.
Get Insurance.
Make Use of Retirement Accounts and Other Exemptions.

Do I need an LLC?

You don't need an LLC to start a business, but, for many businesses the benefits of an LLC far outweigh the cost and hassle of setting one up. by Jane Haskins, Esq. An LLC, or limited liability company, provides personal liability protection and a formal business structure.

Is it better to be a sole proprietor or LLC?

One of the key benefits of an LLC versus the sole proprietorship is that a member's liability is limited to the amount of their investment in the LLC. Therefore, a member is not personally liable for the debts of the LLC. A sole proprietor would be liable for the debts incurred by the business.

Which state has the lowest LLC tax rate?

Range for individual income tax rates: None.
Average combined state and local sales tax rate: 1.76% (no state sales tax)
Effective property tax rate for homes: 1.02%
State ranking for business-friendly legal environment: 5.
LLC filing fee: $250.
LLC annual fee: $100.

What is the difference between an LLC and a sole proprietorship?

An LLC exists separately from its ownersâ€”known as members. However, members are not personally responsible for business debts and liabilities. Instead, the LLC is responsible. A sole proprietorship is an unincorporated business owned and run by one person.

What are the tax advantages of an LLC?

What are the benefits of forming an LLC? LLCs provide their owners with limited personal liability, in addition to a variety of tax benefits including avoiding double taxation, QBI deductions and business deductions.

Which is better a corporation or an LLC?

Forming an LLC or a corporation will allow you to take advantage of limited personal liability for business obligations. LLCs are favored by small, owner-managed businesses that want flexibility without a lot of corporate formality. Corporations are a good choice for a business that plans to seek outside investment.

What is an example of an LLC?

Pepsi-Cola. Sony. Nike. Hertz Rent-a-Car.

What are the advantages of a limited liability company?

Separate legal identity.
Limited liability.
Perpetual existence.
Flexible management structure.
Free transferability of financial interests.
Pass-through taxation.

Is Nike an LLC company?

Business Pulse. Nike Inc. co-founder Phil Knight on Tuesday said he has formed a limited-liability company to hold 128.5 million shares of his powerful Class A shares of Nike stock. The LLC seems designed to continue the sportswear giant's long-term direction.

How do you profit from an LLC?

To get paid, LLC members take a draw from their capital account. Payment is usually made by a business check. They can also receive non-salary payments or â€œguaranteed paymentsâ€ â€” basically a payment that is made regardless of whether the LLC has generated any net income that month or quarter.

Is it better to be 1099 or LLC?

The biggest difference between an LLC and an independent contractor is the fact that LLCs are required to register with the state and form business documents like articles of organization. LLCs also offer liability protection that independent contractors would not have otherwise.

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Comment by Josefa Stuffle

as of 2021 there are 31.7 million business owners in the united states many business owners are setting up llc's one out of every six taxpayers that comes to my office owns an llc i own six llc's and i've set up over 5 000 llcs for my clients l to the l to the c i love saying llc because it reminds me of ll cool j llc's are the most popular business vehicles that business owners set up why is it that most business owners who have llc's aren't sure if they should be in llc's my name is carlton dennis and in today's video we are going to go over what you need to consider before setting up an llc llc owners make a lot of mistakes i'm sorry and in today's video i need to point out some of the mistakes that you need to be conscientious of before establishing your llc let's dive in mistake number one is not knowing the type of income you're receiving prior to setting up your llc this is really important and reason why is because there are three different income types you could be receiving and it could determine whether or not you need an llc versus an s corp or a c corporation the three different income types that you need to be familiar with are number one ordinary income ordinary income is everyday income that you work for and is typically in the form of w2 wages or 1099 compensation the next form of income is passive income passive income is income you technically do not have to work for typically you're familiar with passive income from investment properties or interest that you earn off of the money that you have in your bank account the third type of income is portfolio income portfolio income is typically income that you receive when you decide to sell capital assets or if you have capital gains tax from the sell of a rental property these three types of income are important for us to know because it can help us decide whether or not it makes sense for us to have an llc so let's talk about it number one passive income if we have passive income what we have to understand is that passive income is not subject to social security tax or medicare tax that ordinary income is subject to so when you think about it it may not make sense for you to worry about whether or not you have to eventually transition your llc to an s corporation if you have rental real estate if your income is passive you don't have to worry about self-employment tax so typically a lot of real estate investors will establish llc's for their real estate holdings so if you ever had the question in your head why do people set up llc's as opposed to c corps or s corporations for their real estate a big deciding factor around this is because real estate investors are not subject to the social security and medicare tax that ordinary income earners are subject to this leads me to ordinary income ordinary income is the income you're familiar with when you're working a job where you are putting in labor anytime you're putting in labor you're going to have to pay into social security and you're going to have to pay into medicare taxes and if you decided to become a business owner that means you pay into self-employment tax it's been talked about in all of my youtube videos if you've seen them now one thing that you have to understand about ordinary income is that ordinary income you will pay 15.3 self-employment tax which is your social security and medicare but then you will also pay your federal taxes and your state taxes so knowing that ordinary income is subject to self-employment tax federal tax and state tax we have to define what type of business owners need to know that their business is actually ordinary income instead of passive business let's talk about that i have clients all the time that'll get on the phone with me and tell me carlton i have a passive business i started amazon automation i'm doing amazon fba i'm selling products on etsy i have my online shop any of these clients that i talk to that have these businesses that are very automated had to work to get to a place where their businesses are automated they sat on the computer they figured out how to put up ads build their website hire the contractors and someone else is doing the fulfillment and dropping off the orders to the house that is a business that requires work and if labor is involved we are subject to social security and medicare taxes federal and state taxes so i just wanted to make sure that when we go into setting up a llc that we also understand which type of businesses are ordinary income businesses and truly understanding what would be considered a passive business last but not least is portfolio income i don't really get too much into the portfolio income unless i'm dealing with my real estate investors which i primarily focus on if you happen to have real estate income and you decide to sell an investment property you're dealing with capital gains it could be short or long-term capital gains depending on how long you held on to that asset but if you're aware of capital gain income you might realize that this is actually categorized as portfolio income to your tax account so understanding these three types of income can let us know whether or not you should have an llc that's going to remain as an llc or if you have an llc that will eventually be switched to an s corporation or another desired entity structure mistake number two with llcs is not establishing your llc prior to knowing that you wish to have a real estate acquisition it comes up pretty often that i get on the phone with a client that told me that they just bought an investment property and now they're trying to decide whether or not it makes sense for them to have an llc and i sometimes wish that they would just have a conversation with me prior to them buying the rental property because then i might have advised them to establish the llc prior to buying the rental property so that they can buy the property in the name of the llc that they establish for themselves this is a way that we can completely avoid having your name ever online at the accounting assessor's office saying that you're on title for owning the property but then we get to a place where you want to have that asset protection because you find out that someone could slip and fall and hurt themselves inside of your property so you eventually want to have an llc for liability protection but the property is already in your name so now we have to decide does it make sense to set up an llc and do a quick claim deed and re-title your property in the name of the llc well this is where we can run into some issues at least i've had clients run into issues one of the issues that they run into is this whole do on sale clause where now there's a stipulation in their mortgage agreement that says that anytime a property is being transferred or sold that the mortgage is now due so this is where we have to be extremely careful and mindful prior to establishing llc's into investing in real estate we have to speak with the tax pro we have to speak with our mortgage company we have to determine if we can purchase a rental property in the name of an llc and if you're setting up

Thanks for your comment Josefa Stuffle, have a nice day.
- Latonya Dellosso, Staff Member

Comment by Bisoglioi

business hotel

Thanks Bisoglioi your participation is very much appreciated
- Latonya Dellosso

About the author

Latonya Dellosso

I've studied neuroscience in space at Albright College in Reading and I am an expert in sociology of markets. I usually feel dirty. My previous job was ceiling tile installer I held this position for 28 years, I love talking about air sports and drums. Huge fan of Jim Broadbent I practice fencing and collect hockey cards.

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