Limited liability company: Difference between revisions
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A few types of businesses generally cannot be LLCs, such as banks and insurance companies. Check your state’s requirements and the federal tax regulations for further information. There are special rules for foreign LLCs. | A few types of businesses generally cannot be LLCs, such as banks and insurance companies. Check your state’s requirements and the federal tax regulations for further information. There are special rules for foreign LLCs. | ||
Who can form an LLC? | |||
Although most states permit one-member LLC's , the LLC KIT is designed to be used by two or more members. This is because the one-member LLC has not been fully tested before the IRS and it is uncertain as to how they will ultimately be treated in various situations. By definition, one person cannot be a partnership and therefore you might lose this advantage. | |||
The filing of LLC: An LLC is formed by filing a form, usually called Articles of Organization, with the Secretary of State. The corporation division of most secretary of state offices handles LLCs. Most states require an annual report be filed. The LLC is not a tax paying entity. Profits, losses etc. flow directly through and are reported on the individual members tax returns. The only problem one can have is that, when trying to borrow money from a financial institution to expend the business, it will be hard to receive a loan unless one has excellent credit as an individual or as a company. | |||
Revision as of 13:54, 17 March 2008
A limited liability company (LLC) is a relatively new business structure allowed by state statute. LLCs are popular because, similar to a corporation, owners have limited personal liability for the debts and actions of the LLC. Other features of LLCs are more like a partnership, providing management flexibility and the benefit of pass-through taxation.
Owners of an LLC are called members. Since most states do not restrict ownership, members may include individuals, corporations, other LLCs and foreign entities. There is no maximum number of members. Most states also permit “single member” LLCs, those having only one owner.
A few types of businesses generally cannot be LLCs, such as banks and insurance companies. Check your state’s requirements and the federal tax regulations for further information. There are special rules for foreign LLCs.
Who can form an LLC? Although most states permit one-member LLC's , the LLC KIT is designed to be used by two or more members. This is because the one-member LLC has not been fully tested before the IRS and it is uncertain as to how they will ultimately be treated in various situations. By definition, one person cannot be a partnership and therefore you might lose this advantage.
The filing of LLC: An LLC is formed by filing a form, usually called Articles of Organization, with the Secretary of State. The corporation division of most secretary of state offices handles LLCs. Most states require an annual report be filed. The LLC is not a tax paying entity. Profits, losses etc. flow directly through and are reported on the individual members tax returns. The only problem one can have is that, when trying to borrow money from a financial institution to expend the business, it will be hard to receive a loan unless one has excellent credit as an individual or as a company.