LLC Formation (Any State)

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Forming an LLC limits the members’ (or owners’) personal liability for business actions. Members are liable, but usually only to the extent of their investment in the business. This means that member’s/owner’s personal assets cannot be used for settling business debts. This differs from a regular partnership, where all members or at least one is liable for company debts.
Limited liability companies are more simple to form and run than corporations. For example, a corporation requires a board of directors, officers, regular director’s meetings and shareholder’s meetings, but an LLC does not. It can be run day-to-day as though it were a partnership, yet it has has some of the key liability and tax protections of a corporation. Since there is no requirement for approval from a board before taking business action, LLC’s are much easier to run for business owners.
LLC’s are unique in that they have flexibility in how they operate. An LLC, in its Operating Agreement, can decide to distribute profits in proportions other than investment percentages. In addition, one of the advantages of an LLC over an S Corp is that an LLC doesn’t have restrictions on the type and number of partners the way an S Corporation does. Members can even be foreign nationals or other companies, and there is no limit on the number of members.
One of the major benefits of a Limited Liability Company is that business profits are not separately federally taxed on top of the member’s taxes. The profits of the business passes through to the members, and is filed on each individual member’s tax return. Compare this to a C corporation, where the profits are taxed and then distributions are re-taxed on the individuals’ returns.
Because an LLC is a separate entity on its own, it, can apply for and build credit separately from the partners’ personal credit. This provides another great benefit to a limited liability company because it helps protects each member’s personal credit and makes bad personal credit less of an issue.
Although LLC’s are relatively new in many states of the US, they have been in operation overseas for over a century. Foreign investors are often more familiar and comfortable with the LLC structure. This can also be added to the benefits of a limited liability company. Also, because investing in an LLC is less imposing than bigger corporations, so they provide a great place for foreign investors to enter the U.S. market.
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A limited liability company is a hybrid type of legal structure that provides the limited liability features of a corporation and the tax efficiencies and operational flexibility of a partnership.

The owners of an LLC are referred to as members. Depending on the state, the members can consist of a single individual (one owner), two or more individuals, corporations or other LLCs.

Unlike shareholders in a corporation, LLCs are not taxed as a separate business entity. Instead, all profits and losses are passed through the business to each member of the LLC. LLC members report profits and losses on their personal federal tax returns, just like the owners of a partnership would.

We can can walk you through the process of your LLC formation either online or by telephone. Customers usually find our LLC formation services less expensive than those of an attorney.

Creating an LLC takes less than 10 minutes. You simply need to choose a business structure, state, and your company name. We take care of the rest.

Unlike sole proprietorships and partnerships, LLCs allow their owners to separate and protect their personal assets from business debts and liabilities. A sole proprietor or general partner remains personally liable for business obligations, leaving their home, car, and personal savings at risk.

In contrast, forming an LLC creates a business structure separate from its owners. In a properly formed and managed LLC, only business assets remain at risk in a judgment against the company. Owners can protect their personal savings and possessions from business debts.

Like a sole proprietorship or partnership, an LLC enjoys pass-through taxation. This means that owners (also known as “members”) report their share of profits or losses in the company on their individual tax returns. The Internal Revenue Service (IRS) does not assess taxes on the company itself. This avoids the “double taxation” that general, or “C,” corporations experience. In a C corporation, the IRS taxes profits at the corporate level and dividends at the shareholder level.
Advantages of an LLC
Limited Liability. Members are protected from personal liability for business decisions or actions of the LLC. This means that if the LLC incurs debt or is sued, members\’ personal assets are usually exempt. This is similar to the liability protections afforded to shareholders of a corporation. Keep in mind that limited liability means \”limited\” liability – members are not necessarily shielded from wrongful acts, including those of their employees.
Less Recordkeeping. An LLC\’s operational ease is one of its greatest advantages. Compared to an S-Corporation, there is less registration paperwork and there are smaller start-up costs.
Sharing of Profits. There are fewer restrictions on profit sharing within an LLC, as members distribute profits as they see fit. Members might contribute different proportions of capital and sweat equity. Consequently, it\’s up to the members themselves to decide who has earned what percentage of the profits or losses.
Disadvantages of an LLC
Limited Life. In many states, when a member leaves an LLC, the business is dissolved and the members must fulfill all remaining legal and business obligations to close the business. The remaining members can decide if they want to start a new LLC or part ways. However, you can include provisions in your operating agreement to prolong the life of the LLC if a member decides to leave the business.
Self-Employment Taxes. Members of an LLC are considered self-employed and must pay the self-employment tax contributions towards Medicare and Social Security. The entire net income of the LLC is subject to this tax.
Yes, you can! We are happy to receive your legal documents and forward them to the person you designate as your legal contact. By creating your LLC online and using The Company Corporation as your registered agent, you are provided peace of mind. The registered agent services is also included free for the first six months or a year, depending on the package you select.
Nearly all states require LLCs to file annual reports or pay franchise taxes to maintain the company\’s good standing. The Secretary of State may forward a renewal notice directly to your company or to your Registered Agent. Failure to file reports and pay franchise taxes by the state deadline can result in fines, notices, and the inability to conduct business.

State laws do not require LLCs to hold annual meetings or record meeting minutes. However, we recommend that LLCs update their records at least annually to reflect any changes in management or activities.

Almost all state, county, and local governments require LLCs to complete business license, permit, and tax registration applications before beginning to operate. Learn more about how our Business License Compliance Package can help your company.

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My business partner and I decided start an LLC with S corporation benefits and did not know the first thing about setting it up. After looking at the paperwork involved we were very unsure about doing it ourselves.

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