Since 1988, interest in
a new type of business entity, the Limited Liability Company
(LLC), has increased all over the country. This interest was
magnified due to an IRS ruling that an LLC can enjoy the same
tax flow status as a partnership. In addition to this benefit,
a Limited Liability Company can provide the same limited liability
for its members as is provided by a corporation.
Thus a LLC is a hybrid - a combination of
a corporation and a partnership. This is an advantage over
an "S" corporation when the entity cannot meet the
requirements of an "S" corporation but desires the
advantages of the tax pass-through.
The LLC was originally created by statute
in Wyoming in 1977. It has since been accepted in all other
states. Each individual state however, treats an LLC differently.
For example, in Nevada the law simply states that members
are limited in their liability, whereas in California it states
the same and then goes on with a page of exceptions.
Recently, the U.S. Internal Revenue Service
has amended rules pertaining to LLCs. Now, an LLC is no longer
required to avoid two of the four corporate characteristics.
Those being:
1. Limited Liability
2. Centralized Management
3. Relatively free transferability of interest
4. Continuity of life
What are some of the advantages of an LLC? Advantages
include:
1. Income can be spread to family members to lower your income
tax.
2. An LLC is not limited to 35 shareholders (as in an "S"
corporation).
3. The LLC limits the liability of its members.
4. Profits of an LLC do not need to be distributed
according to percentage of ownership. Example: 4 owners with
25% ownership each but only 2 of the owners are actually working
the business. The Operating Agreement can written so that
the 2 working owners receive 80% of the profits while only
owning 50% of the business.
What are some of the disadvantages of an LLC? Disadvantages
include:
1. It is a relatively new entity and there is not enough
case law to determine how the courts will treat an LLC.
2. Interests are not freely transferable.
3. LLC's are treated differently in different states.
4. Lifetime may not be limited but if you
chose this feature then to be taxed as a partnership you will
have to give up either the limited liability characteristic
or the centralized management characteristic for this reason
most people chose a lifetime of 30 years.
5. Lack of privacy (all income reported on personal income
tax).
6. C-Corporations have many tax write off's
that an LLC does not. One example of this is the Medical Reimbursement
Plan that a C-Corporation can utilize while LLC members are
not allowed to. This can result in very significant tax savings.
A Limited Liability Company is an area of
developing law and it will take a few years to firmly establish
the rules and laws governing them. In the meantime, they do
have their place but much thought needs to go into the decision
to use an LLC over a corporation.
The goal of most any business owner is to provide high quality goods and services to customers with the intent of growing your business into a thriving entity. While most businesses start out as a sole proprietorship or partnership, this operational structure is not beneficial when a business starts to grow and evolve. When your business has achieved a certain amount of success and growth you will likely want to explore your options as far as the structure of your business is concerned. Whether you should form a S Corporation, C Corporation, or Limited Liability Corporation (LLC) will depend upon the specific goals you have personally and your future business plans. One major factor to consider when making this decision is what the rules and regulations are in the state which you plan to incorporate. For example, a Nevada LLC offers many advantages for small to medium sized businesses. You can read more below about how a Nevada LLC business structure can help benefit you and your business.Read More
Forming an LLC in Nevada has become quite popular for business people all over the country because of the tax benefits, liability issues, and other financial benefits. The Limited Liability Corporation was initially made popular after the IRS ruled that LLCs could offer the same tax benefits as a partnership, while still offering the protection of limited liability previously only afforded to S or C Corporations. The LLC is essentially a cross between a partnership and a corporation, as it implements elements of both. While the LLC structure is recognized in all states, there are many differences in how each state treats this status for tax purposes and other reasons.
In Nevada, LLCs have many advantages over a partnership or S Corporation as you are getting the best of both worlds. You personally are generally protected from the liability of the business, while still maintaining the tax benefits of a partnership. With a Nevada LLC you can also distribute profits however you wish, as they do not have to be distributed according to percentage of ownership as is the case with other corporations. This is especially beneficial for any business which has several partners who have a variety of roles in the day to day operations.
If your business is at a point where you are concerned with potential liability issues or you want to learn more about forming an LLC in Nevada you should visit http://www.shieldcorp.net/pages/nevada-limited-liability-company.htm This is the website for Silver Shield Services Inc, which is a company specializing in helping businesses to incorporate and handling all aspects necessary to maintain your business' incorporation status. There are many business which can benefit from forming a Nevada LLC, while there are others for which a type S Corporation may be more appropriate.
No matter what type of business you are in you will want to visit the website above to see what type of benefits you could gain by forming a Nevada corporation or Nevada LLC. With no state personal income tax and no business and occupation tax, Nevada is a business friendly state which offers some of the best business benefits of any state in the US. Be sure to click on the link above to visit the website for Silver Shield Services Inc to learn more about what they can do for your business.
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