Four Reasons for an LLC

By Cindy Hill

A limited liability company, or LLC, is a business structure that has some of the advantages of a corporation and some of the flexibility of a sole proprietorship or partnership. Limited liability companies are controlled by state laws, but the four primary reasons for forming an LLC are the same throughout the country.

A limited liability company, or LLC, is a business structure that has some of the advantages of a corporation and some of the flexibility of a sole proprietorship or partnership. Limited liability companies are controlled by state laws, but the four primary reasons for forming an LLC are the same throughout the country.

Liability Protection for Owners

A limited liability company offers personal asset protection for the owners similar to that offered by a corporation, but is less formal and burdensome to create, according to "The Wall Street Journal." If the LLC cannot pay its bills, or winds up in litigation, creditors usually can not access the personal assets of the owners to satisfy the debt or judgment against the LLC, but are limited in their collection to the assets held by the LLC itself. As with corporate business structures, there are exceptions to this liability protection, and LLC owners who co-mingle their personal funds or personally guarantee loans or debts of the LLC may be putting their personal assets at risk. However, careful LLC administration, along with the LLC holding business liability insurance, may provide significant protections for the owners.

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Financial Entity

An LLC provides a discreet entity which can hold and manage real estate on behalf of multiple owners, procure loans and enter into contracts for business purposes, and act as the operating body for small businesses or family businesses such as a farm, suggests the Ohio State University Cooperative Extension. Without a legal entity to undertake the financial actions required of a business, multiple signatures might be required on documents like deeds, leases, loans and contracts, or such documents may wind up being personal obligations rather than actions of the business. Having an LLC lets the business function separately from its personal owners.

Estate Planning Tool

An LLC is a valuable estate planning or business succession planning tool, giving owners the flexibility to transfer interest in the LLC to new owners or the next generation without disruption of the business operations. For example, the Ohio State University Extension suggests that Ohio farmers can utilize an LLC to operate a family farm business, providing an efficient way for the farm to continue running as subsequent generations take on more of the business responsibilities.

Pass-Through Taxation

Each state has its own laws and regulations pertaining to LLC formation and management, advises the IRS, but one of the chief benefits of LLC formation in any state is that of pass-through taxation. A limited liability company is not taxed separately on its income, the way a corporation is taxed on corporate income. Instead, the profits generated by an LLC are divided amongst the owners in accordance with their operating agreement terms and are passed through to be claimed on the owner's income tax returns as personal income, assuming that the LLC is organized as a partnership or sole proprietorship. Some LLCs can be classified as corporations, the IRS advises, although this may well obviate the advantages of an LLC structure.

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Regulations for a Single-Member LLC in Virginia

References

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Similarities Between Sole Proprietorships and Partnerships

If you are interested in sending a message that you are willing to take personal responsibility for the success and failure of your company, you may pursue either a sole proprietorship or a partnership. Both business entities are appropriate for those interested in smaller, non-corporate business structures with fewer regulations. Compared to corporations, partnerships and sole proprietorships are relatively easy to form and are not responsible for corporate income tax.

What Is the Structure of an LLC?

State law dictates how you can form a limited liability company business entity and the structure it must maintain to retain its LLC status. Most jurisdictions throughout the nation have similar structure requirements. However, for federal tax purposes, the IRS allows an LLC to elect the tax treatment of a corporation.

Reasons to Transfer a C-corporation Into an LLC

An important decision that must be made early on by an entrepreneur is the choice of business structure. This can dictate the degree of formality of the business, affect its tax burden and have management implications. However, if circumstances change after the initial choice or another structure would serve his interests better, the owner can change his business's structure.

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