What are the Benefits of an LLC?

By The Law Office of Yoel Molina.
 
Limited liability companies (LLCs), which have significant benefits over other company organizations, are how many new start-ups are organized. An LLC combines certain advantageous traits of a single proprietorship, partnership, and corporation without some of their disadvantages. Despite possible differences in state legislation, LLCs normally provide new firms with five key benefits.
 
Develop Your Own Show:
Entrepreneurs are independent thinkers who like to forge their own paths. You can be the lone owner of your company because the majority of states recognize a single member or owner of LLCs. With a single-member LLC, you are free to do business without having to seek the advice of other partners in a general partnership or a board of directors in a corporation or gain their consent. You own, manage, and run your firm similarly to a single proprietor, but without the same liability concerns. You can engage in an operating agreement if there are two or more owners to define your duties and responsibilities and structure your firm in a way that best matches your needs.
 
Reduce Your Own Liability:
An LLC is regarded as a separate legal entity from each of its members or owners. An LLC owner, like a shareholder in a corporation, is not personally responsible for the debts or legal obligations of the LLC. Like shareholders, the LLC owner could lose their capital investment in the company. However, unlike a sole proprietor or general partner, an LLC owner's personal assets, such as a home or private bank account, are typically not in danger due to the legal duties of the LLC. As with other business entities, there are some situations where you may still be held personally accountable. For example, if you personally guarantee a business debt, fail to use reasonable care, which results in harm to a third party, or violate your obligations to your LLC.
 
Avoid Pass-Through Deduction and Double Taxation:
Standard companies sometimes pay double income tax. Dividend payments to shareholders are taxed as income together with the corporation's profits. Due to the "pass-through" treatment granted to LLCs, allocated profits are only taxed once on the individual income tax returns of each member. The IRS may also grant similar "pass-through" treatment to LLCs that meet the requirements for status as a partnership or S corporation.
​
Additionally, the Tax Cuts and Jobs Act's new 20 percent pass-through deduction may allow LLC owners who own pass-through business entities to deduct 20% of their business income.
 
Less paperwork and administrative hassles:
Compared to other business formations, creating and maintaining an LLC is simpler and needs less paperwork. By submitting articles of organization and paying a fee to the appropriate state office, typically the secretary of state, an LLC registers its existence. The name of the LLC, the location of its major offices, the names of its members, the anticipated lifespan of the business, and any other legally required information are normally specified in this application. Similar to individuals, companies are subject to statutory restrictions and regulations and must submit articles of formation with the relevant state division. Corporations must convene an organizational meeting after filing in order to elect corporate executives, decide on the permissible classes of shares, and create and adopt bylaws that specify the internal management of the business. When urgent action is required, the board of directors may schedule extraordinary meetings in addition to its regular meetings to discuss and decide on business plans, finances, and policies. A yearly shareholders meeting must also be held by corporations. Corporations often have to submit yearly reports and pay yearly dues in order to maintain their corporate status. The majority of states do not apply these meeting and reporting requirements to LLCs, despite the fact that they frequently have yearly filing and fee responsibilities.
 
Flexible Profit-Sharing Models:
The majority of the time, how much capital an owner contributes or what proportion of the business they own determines how much profit is distributed. Profits are typically distributed evenly among partners in a general partnership. Companies are free to decide whether to pay dividends based on the percentage of ownership interest held by each stockholder. However, under the rules of their LLC's operating agreement, an LLC's members continue to have the freedom to choose how profits are distributed. Members of an LLC are not constrained by their percentage of ownership and may choose to distribute profits in a different way.


If you have any questions about this article or similar matters, please contact our office, the Law Office of Yoel Molina, P.A., at fd@molawoffice.com or 305-548-5020, option 1