LLC's, S-Corps, Sole Props - Huh?!

">earnings, which means you will be double taxed. That's
The name of the game is limit your liability. I put that inno good! An S-Corporation stops that from happening.
bold because it is very important. As an entrepreneur,So you will most likely want to form an S-Corp.
your going to take risks, a lot of them. Picture aDrawbacks to forming a corporation are paperwork,
corporation or an LLC as an artificial person that yourecord keeping requirements which very state to state
have created. Now all of the business you do, theand a large lack of flexibility. The main benefit from
bank accounts you open, the merchant credit cardusing an S-Corp is employment tax savings. So only
accounts you start and the lease you sign will all bethe salary you collect can be taxed, not the profits you
through this artificial person. If for some reason thecollect depending on the amount of shares you own.
business goes belly up or some one decides to sue- LLC (Limited Liability Company) - This is what I usually
you for any reason, they cannot go after yourecommend to any entrepreneur who wants to start
personally. They can only go after the LLC ortheir own business. For all intensive purposes, an LLC is
corporation and its assets. So your car, your house,treated just like a corporation, BUT there is very little
your money outside of the company is safe!paperwork, almost no record keeping requirements,
If the business can't pay the bills, the business goescomplete flexibility in ownership (have as many
bankrupt not you, unless you have signed personalpartners as you'd like), you can distribute the profits
guarantees on anything (which they will most likelyhowever you like and you are still protected by that
make you do when leasing a building, etc)."artificial person." Having that flexibility in ownership
Sole proprietorships are the exact opposite of whatdistribution can be invaluable to an entrepreneur as
we've discussed above. YOU are liable for yourwell.
business and anything that happens to it. I do not- Sole Proprietorship - Don't do it...
recommend this as your liability is far too great andSo odds are you going to want to start an LLC. Don't
you have no artificial person protecting you.go to a lawyer or accountant to do that! They'll
Anyone can start an LLC or corporation, for just aboutovercharge you for a service that a monkey can now
any reason. Whether you have a blog, a restaurant, ando (I'm going to catch heat for that one)! There are
eBay business or you're a tutor, anyone can run theirplenty of online services that you can set this stuff up
business through a company. In fact, it is very wise toon. I use They are very reliable and very fast. With a
do so. To provide a good example, I own a restaurantfew clicks of the mouse and $150, you'll have your
and I have plans on opening many more. What should Ivery own corporation or LLC. A lawyer would charge
do? Open them all under my name or a corporation /you $2000. Being an entrepreneur is about saving
LLC. Both would be wrong. I would open eachmoney, not spending it. Thank me later....
restaurant under a separate corporation or LLC,On a final note, you can form your new LLC or
thereby limiting each restaurant's liability to themselves.S-Corp in any state you like, but I recommend forming
So if one restaurant fails, the others are protectedit in the state you will be doing business in. Delaware
under their own corporations. That's something theyand Nevada are both great places to form these
don't teach you in college! It is amazing how manytypes of entities because of their corporate laws and
novice entrepreneurs (my former self included) havelack of taxes, while California is probably the most
jumped recklessly into ventures and not consideredunfavorable place due to their minimum tax of $800
how to limit their risk exposure. It is a crucial element of(you have to an annual $800 no matter what, unlike
the game!most other states) and their higher corporate taxes. It
Now that you know why you need an LLC orall really depends on the business. Example: I own a
corporation...it's time to learn how...here is a very simplerestaurant in California...I formed that LLC in California.
breakdown that will explain everything you need toThe various internet companies I own are mostly run
know:through LLC's in Nevada and Delaware because
- Corporation - Planning on going public? Then thisthey're based on the internet, not an actual physical
might be for you. But if this is for a small business, youlocation. So why not benefit from less taxes and
will probably want to form an "S-corporation." If youbetter laws.
form a regular corporation, you will be taxed on bothSo that covers it all...now go start your company and
the corporate earnings as well as your personalget the ball rolling!