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What is an LLC, And How Do You Start It?

DICE 2017

Starting a business is an exciting time. You have big ideas, but starting out isn’t always easy if you’ve never run a business before. It’s important to know which type of business structure to use because different structures provide different benefits and drawbacks. Most businesses use one of two business structures: a sole proprietor or an LLC.

You may have heard the term LLC but may not know exactly what it is. An LLC, or limited liability company, is a company structure designed to avoid many of the liabilities of a traditional business. While there are other types of business structures, most states consider an LLC a “pass-through” tax structure, meaning you do not pay tax on income paid to the company. Instead, you are only taxed once when you receive the money, and then you remit taxes to the IRS.

What is an LLC?

According to LLCGuys.com – a limited liability company (LLC), also known as an “LLP” or an “LLC,” is a type of business that can be registered at the state level. LLCs allow business owners to have flexible ownership options, tax and liability protection, and other legal protections.

A limited liability company (LLC) is a type of business entity that provides liability protection for its owners. LLCs are flexible, offering owners the ability to run their business as a partnership or LLC, with no requirement for members to designate a particular name. LLCs are popular for protecting the assets of small business owners.

Advantages of a Limited Liability Corporation

  • Personal liability protection

Limited Liability Corporations or LLCs have grown in popularity, particularly among small business owners and entrepreneurs. One of the reasons may be that an LLC has its benefits over a corporation. One big difference between the two is how personal liability protection is handled.

A limited liability corporation (LLC) is a legal structure formed by filing certain documents with your local county. LLCs exist to protect the interests of the owners, who can limit their liability by holding assets in a separate account

  • Tax Advantage

The LLC offers many advantages in a tax environment becoming increasingly complicated. For example, several LLCs in the same family taxed as corporations can save $10,000 or more in personal income taxes since personal income is taxed almost 50% higher than income from a pass-through entity. In addition, Registered Investment Advisors (RIAs) who provide distributions taxed as personal income can save $10,000 or more, depending on their own personal income tax rate.

  • Easy to start

LLC can be easy to start if the company is going to perform transactions or has employees. There are, however, many regulations that a business must comply with. Some of these regulations include filing documents, paying taxes, etc.

Therefore, if the company does not have employees and does not transact business, then a limited liability company (LLC) is an ideal way of doing business.

  • Less Paperwork Required

LLC has less compliance paperwork. LLC is a legal entity that shields its owners from personal liability. It’s used across a variety of business types and industries. When you form an LLC, your company must file a Certificate of Formation with the state. This form indicates the LLC’s name, purpose, and name agent, among other things.

  • The credibility of the business

LLC or Limited Liability Company is the type of business entity that is generally considered when starting a small business. LLC has many benefits, one of which provides credibility to a business. Businesses with LLCs as a type of business entity are often perceived as more reliable, trustworthy, and legitimate than those without.

  • Separate Entity

An LLC or Limited Liability Company is a business entity that shields its owners from personal liability for business debts and obligations. An LLC can be structured in many ways; one popular structure is called an LLC Limited Liability. In an LLC Limited Liability, the business owners are all personally liable for business debts and obligations. Still, the assets of the business are separate from the personal assets of the owners.

  • Management flexibility

A limited liability company structure is a popular way to manage a business, incorporating the tax benefits of an individual with the liability protection afforded by a corporation. Their management structure can be tailored to the needs of the company, which could allow for more streamlined management and improved profitability.

Management issues are among the most common complications for small business owners. Using an LLC as a business entity can allow you to manage your company more easily, but like any business entity, an LLC carries potential management challenges with it.

  • Ownership Flexibility

When forming an LLC, members have to decide how much ownership they will receive. Each member can decide how much or how little stock they wish to receive. When members choose to receive stock, they each own a portion of the LLC. If none of the members choose to receive stock, each owner becomes a member of the LLC and owns an equal percentage.

How to Start your Limited Liability Company?

  • Select the Right Place

Finding the right place to set your LLC up is an important consideration when you’re first forming your LLC. Before you open your LLC, you’ll want to take the time to figure out where you want to file your paperwork. And don’t worry, the process is fairly simple. First, check if your state offers online filing for your LLC. Most states do, but you’ll want to double-check and make sure. Next, you’ll want to check if your state requires an annual report to be filed. If so, you’ll need to file your report every year.

  • Select the Company Name

Selecting a name for a business is crucial. However, a lot of businesses fail at this step, either because they didn’t properly research their options or because they simply didn’t bother. Choosing the right name for your business is not as simple as choosing something that sounds good. Rather, it is the opposite. You have to know your customer, your product, and your industry in order to pick something memorable, easy to spell, and something other people won’t sue you for.

  • Provide Business Funding

As an entrepreneur, you know how important funding is. Without it, you simply won’t be able to move forward with achieving your goals. Yet, many entrepreneurs fail to utilize available funding opportunities, choosing to use their own funds instead. But, can you really afford to do that.

  • Start-Up Expenditure

Start-Up Costs business is a service where you will get a detailed report of your start-up costs. This report will include a list of all the supplies, equipment, and facilities goods that you will need to start your business. The report will also include an estimation of the total cost of start-up and the cost per unit. This report will be very useful in calculating your profit margin, and it will also show how the cost of your production will be affected.

If you’re an entrepreneur or small business owner, you may have considered forming a limited liability company (LLC). Forming an LLC is an important step, as it will provide you with liability protection. But, it’s not a decision you should make lightly. Forming an LLC will cost you money—some start-up costs can be high.

  • Register Your Company

Register your company with the IRS. This is mandatory for all U.S. companies whether or not you are filing taxes. Starting a non-profit or business? Make sure you register with the state you are operating in, as well as your city or county.

You can register a business name by filing the appropriate paperwork with the state and then securing your business name with a trademark. You’ll also want to register your LLC with the state, too. That way, you’ll be protecting yourself from other companies claiming to use your business name.

  • File your Article of Organization

An Article of Organization is a document filed with the Secretary of State’s office when forming a corporation. This document authorizes an out-of-state company to do business within the state and is required to be filed with the state’s Secretary of State within 30 days of incorporation.

If you want to start a new business, you should start an LLC. This legal structure helps protect your personal assets from the liability of the business. When you file the LLC Articles of Organization, you become a member (owner) of the LLC. The LLC is a separate entity from the business owners. It has its own tax I.D. number and its own bank account. The LLC is owned by other owners, who are referred to as members. Each owner has rights and duties, and there can only be one owner per LLC.

  • Appoint Registered Agent

A registered agent is an agent that your business has designated at the state level. This agent must be available, accessible, and responsible for receiving the service of legal papers (like lawsuits, subpoenas, and garnishments) that are served at your business. The registered agent is often the office manager or the owner of the business.

  • Operating Agreement

Creating an LLC Operating Agreement isn’t difficult, but it does take some thought and planning. The Operating Agreement is the foundational document of your LLC. This will set out the rights and responsibilities of each member of the LLC, and it will also set out the roles, responsibilities, and powers of the LLC and its members.

Different Types of LLC

  • Series Limited Liabilities Company

A Series LLC is a type of limited liability company that you can set up with only three members. It is the most popular type of LLC for small businesses since it allows you to retain tax advantages without all of the headaches of an LLC that has more members.

An LLC (Limited-liability Company), sometimes called an “S” Corporation, is a business entity in which the owner(s) is not personally liable for the business debts and obligations. A Series LLC is a limited liability company that operates within the same state as other LLCs. It may have the same general partners (or members) as other LLCs in the state, but each Series LLC has a distinct tax I.D. number that is different from other LLCs.

  • Domestic Limited Liability Company

A Domestic Limited Liability Company (LLC) is a type of business entity that limits personal liability for the company’s owners by treating the business as a separate taxable entity. An LLC has fewer restrictions than a corporation. A Domestic LLC may be formed within its own state.

A Domestic Limited Liability Company is a type of business entity used in some states in the U.S. to form a business. Domestic LLCs are similar to domestic corporations in that they offer similar liability protections. Still, Domestic LLCs do not have to follow any special tax requirements because they do not have specific tax classifications. Instead, Domestic LLCs are subject to the same tax rules as partnerships and sole proprietors.

  • Foreign Limited Liability Company

Setting up a foreign limited liability company is a common choice for many businesses. Companies that operate internationally will especially appreciate this choice of business structure. If you are a foreign LLC owner, it is important to protect yourself from liability and to learn how to defend yourself against personal liability claims from other parties.

If you have a business that’s looking to go international or expand worldwide, you may be wondering if you should form a foreign corporation or limited liability company. Foreign business entities are legal entities recognized in a foreign country and have many advantages over sole proprietorships, partnerships, and corporations formed domestically.

  • Sole-Proprietorship

A sole-proprietorship business is an entity that is owned and run by one single person, which is what makes it a “sole-proprietorship.” The entity is set up as a corporation, which is a separate legal entity from its owner and is taxed as a separate entity.

When starting a sole proprietorship, the business owner will be the sole employee (this is often referred to as a “single-member LLC”). This helps to keep the owner’s personal finances completely separate from the business’ finances. Sole proprietorships are also great for new business owners who don’t have hundreds of thousands of dollars to spend on business start-up costs. This form of business is easy to set up and affordable but isn’t well-suited for business owners wishing to hire employees.

  • Multi-member LLC

Multi-member LLCs are similar to single-member LLCs but have more people on the deed than a single-member LLC has members. This structure is commonly used for companies that need more than two people to manage. All you need is a third member, or the unanimous consent of members, to add someone to the deed. However, the LLC’s general obligation bond (GOB) will still only cover those on the deed.

  • Low-Profit LLC

Low-profit LLCs (LPLLCs) offer business owners a way to invest professionally without spending a lot of money. And the best thing about LPLLCs. They offer many of the same tax, liability, and asset protection benefits of a C-Corp, without the cost or complexity of a C-Corp.

  • LLC in Privacy

An anonymous LLC, also known as an LLC in privacy, is taxed and structured differently than a regular LLC. An LLC is often used to protect the identity of a business and to shield the owners from personal liability for the company’s actions. An anonymous LLC is a separate legal entity from its owners, who generally keep their personal and professional lives separate.

  • Restricted LLC

The Restricted LLC is an income-restricted legal entity that permits the members to limit their income. The LLC restricts the income earned by the members to no more than a specified amount. The LLC is most commonly used by grantors to protect grantors from income earned by third parties. The LLC is often required when grantors prefer grantors to receive income only from grants and do not want them to earn income from other activities or investments.

  • Non Profit LLC

A Non-Profit Private Limited Company or LLC means that the company is run by its directors, who are also shareholders, and is not subject to the taxes that publicly traded companies are subject to. The non-profit has another meaning as well, which is a certain type of tax status.

A not-for-profit organization (NPO) is a type of business entity that is designed to be operated exclusively for one or more specific public benefit purposes. It differs from other types of companies, like for-profit companies, charities, and cooperatives. The NPO’s primary purpose is not the generation of income for the owners or shareholders. Instead, the NPO’s income is used for the fulfillment of its stated public benefit purpose, and the owners or shareholders are not compensated.

Importance of Choosing the right type of LLC

Choosing the right type of LLC is an important step for entrepreneurs. The choice you make will impact what you think about your business, how you conduct business, your tax burden, and other factors. The LLC type you choose will affect whether you can file as a corporation or partnership, a sole proprietorship, or multiple other types of business structures.

Choosing the right type of LLC for your new business is a crucial decision that could significantly affect your business in the future. How much and what type of liability protection you want will depend on what your Business Structure is and what the products or services you sell are. There are many different types of LLCs. 

Conclusion

In conclusion, LLCs are a form of business entity. In essence, they are a pass-through tax entity, which means that they don’t pay taxes, but instead, the owners pay taxes. The LLC’s profits and losses are reported on the owners’ personal tax returns. Thus, LLCs are considered pass-through entities because they are not subject to corporate income tax, franchise tax, or excise taxes. Owners also do not pay self-employment tax, as LLCs are considered “pass-through” entities.