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Many entrepreneurs jump into creating an LLC with the hope of tax savings, but there's more to uncover than just tax implications. Let's clear up some myths and explore the true benefits and drawbacks of forming an LLC.
Understanding LLCs
A Limited Liability Company, or LLC, is a business structure designed to separate your personal assets from your business assets. The primary purpose is legal protection, not tax savings. The IRS considers your business’s tax obligations regardless of whether you have an LLC. Hence, creating an LLC should be approached with the guidance of an attorney to ensure you're legally protected.
Why Consulting an Attorney Matters
Creating an LLC isn't just a quick online task. Engaging with an attorney ensures that your LLC is structured correctly, with crucial elements like articles of incorporation and bylaws in place. Bylaws are essential as they outline ownership details and responsibilities, ensuring a clear legal framework.
Legal Protections of an LLC
- Liability Shield: An LLC offers protection similar to insurance. It delineates personal assets from business liabilities, crucial if you're involved in risky ventures or rental properties.
- Corporate Veil: Avoid "piercing the corporate veil" by keeping personal and business finances separate. Commingling accounts can weaken your LLC's protective barrier.
Banking and Financial Practices
- Open a separate bank account for your business to simplify tax preparation and strengthen legal protections.
- Conduct all business transactions through this account to make a clear distinction between personal and business finances.
Potential Financial Hurdles
- Banks might require personal guarantees for loans, especially for new businesses without a strong financial history.
- Keep in mind the additional administrative filings and fees associated with maintaining an LLC, as states often require annual updates.
Tax Implications
- Tax-wise, an LLC doesn’t automatically confer tax benefits compared to sole proprietorships or partnerships.
- S Corporation Elections: An LLC can facilitate an S Corporation election with the IRS if your business grows, offering potential future tax advantages.
Forming an LLC should be a strategic decision grounded in legal protection rather than tax benefits. Always consult with an attorney to navigate the complexities of setting up an LLC correctly. Keeping your accountant informed throughout the process is also crucial, especially to avoid unintended tax surprises.
What is an LLC?
A limited liability company (LLC) is a business structure that separates the owners from the business, protecting their personal assets.
One of the most common reasons for losing LLC protection is mixing personal and business funds in accounts, which can easily happen due to oversight and can be used by courts to pierce the corporate veil.
Resources
Don't Just Take My Word For It
Check out these links for up-to-date information directly from the IRS.
- IRS - Summary of an LLC
- IRS - Single Member LLCs
- IRS - LLC Filing as a Corporation or Partnership
- Wolters Kluwer - When to Incorporate or Form an LLC
“Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do.”
-Steve Jobs
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