What Is An LLC? Learn About Its Features and Benefits Here

What is an LLC?

A limited liability company, better known as an LLC, is a popular legal form of business that combines the simplicity, flexibility, and tax benefits of a partnership with the personal liability protection of a corporation.

Key features

Some of the most critical features you should know about an LLC are listed below:

• Distinct legal entity

An LLC is a separate entity from the people who own and manage it, meaning that the LLC can enter into agreements, own property, and be held liable for any obligations in its own name.

• Liability of members

Owners of LLCs are called members, who are not personally liable for the debts or liabilities of the business. This means that if the LLC is unable to pay its debts, the member’s personal assets are protected.

• Tax structure

For tax purposes, LLC is treated similarly to either a sole proprietorship or a partnership, depending on the number of members. Alternatively, LLC members can file with the IRS to change their tax status to C corporation or S Corporation.

Pros and cons of an LLC

Structuring your business as an LLC may bring certain benefits, but there are also some potential drawbacks to consider.

Below is the list of prominent advantages and disadvantages of LLCs that you should be aware of:

Pros

• Liability protection for members
• Flexible tax treatments
• High level of privacy and asset protection
• Flexible ownership and management
• Ease of startup and maintain

Cons

• Limited investment option
• Additional tax burden
• High maintenance cost
• Loose internal governance

Who should form an LLC?

Common uses

LLCs are widely used by small business owners, including those in the fields of consulting, technology, manufacturing, and retail. Many professional service providers such as doctors and lawyers also prefer to form an LLC for its asset protection benefits.

Some famous companies that are structured as LLCs include Ben & Jerry’s, The Container Store, Kellogg’s, and Publix.

Is it right for you?

LLCs can be a powerful tool for protecting your assets in certain situations. For example, if you’re a consultant who works with high-net-worth clients, forming an LLC can help shield your personal assets from any potential lawsuits that may arise from your professional activities.

This type of structure can also be valuable for business owners in the building sector, protecting you from personal liability in the event of a construction accident. Or if you’re a property owner who holds and manages rental property, an LLC can insulate your personal assets from any potential liability that could arise from the ownership and operation of the rental property.

Some businesses, such as banks and insurance companies, cannot be formed as LLCs. For more information, consult the state’s requirements as well as the federal tax regulations.

Common ways to structure an LLC

The two most common ownership structures of LLCs in the US are single-member LLCs and multiple-member LLCs.

Single-member LLCs

As the name suggests, a single-member LLC is owned and managed by one person. From a legal perspective, single-member LLCs are not much different from sole proprietorships.

A single-member LLC will be considered a “disregarded entity” for tax purposes, which means all the profits, losses, and tax liabilities will be channeled to the sole member.

Multiple-member LLCs

A multiple-member LLC is owned and managed by two or more people, which is similar to a partnership.

Multiple-member LLCs can elect to be taxed as either a partnership or a corporation (S corp or C corp). If the LLC does not make this election, it will be taxed as a partnership by default.

Other LLC structures

Additional types of LLCs will vary by state and are listed below:

• Series LLCs
• Domestic LLC and Foreign LLC
• L3C Company (low-profit LLC)
• Anonymous LLC
• Restricted LLC
• PLLC and LLC

How to form an LLC?

Generally, you can start an LLC in 5 simple steps:

Step 1: Choose the state to register your LLC

Step 2: Name your company

Step 3: Appoint a registered agent

Step 4: File Articles of Organization

Step 5: Complete post-registration filings

The first step is the most crucial because it lay the basic foundation for your business establishment and growth. Your chosen state will determine which law will govern your LLC, the tax rate you’re going to pay, and what ongoing compliance requirements you’ll need to meet.

Various factors can affect your decision, including the type of business you’re running, your target market, business regulations, and taxation.

For most businesses, it makes sense to register the company in a state with business-friendly laws and tax regulations. Some of the most popular states for LLC formation are Delaware, Nevada, Wyoming, and Florida.

Conclusion

An LLC can be a great way to protect your personal assets while enjoying the benefits of a corporate structure. It’s important to choose the right state for registration and to understand the ongoing compliance requirements. Once you’ve done that, you can follow the simple steps to form your LLC.

If you need help with forming your LLC in the US, feel free to get in touch for practical advice and consultation. Drop us a message via service@bbcincorp.com and we’ll be more than happy to help.

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