Selecting the Right Entity For Your New Business

In the rush to embark on a new entrepreneurialemployees?
adventure, people often overlook the importance ofOne form of entity that has gained significant popularity
taking the time to select the proper entity in which tois the limited liability company-also known as the "LLC".
structure their business. Selecting the proper entity hasAn LLC is formed by filing a Certificate of Organization
both tax and non-tax implications that require everywith the Department of State and can have as few
business owner to engage in proper planning andas one "member" (owner). Some of the key
consult with tax and legal professionals.characteristics of an LLC include:
Before ordering inventory, hiring employees or printing-very flexible structure;
up some fancy business cards, every business owner-can be taxed as a partnership
should ponder these issues:-members of the LLC are not liable for debts and
1. How will the business be managed?liabilities of the LLC
2. How will ownership interests be transferred?-less formalities than a corporation
3. Does the ownership structure need to maintain-no annual fee for members
flexibility?-operating agreement controls the relationship of the
4. What happens if an owner dies, retires, or files formembers
bankruptcy?Whether you select an LLC, a corporation, an LP, or
5. How will owners be compensated?some other business entity is an important
6. What are the tax consequences to owners whoconsideration that is best dealt with well in advance of
invest capital in the business?the start of your new business. Be sure to meet with
7. To what extent will owners have liability for debtsan accountant and an attorney, who are experienced
and conduct of the business?in business formation, to review which entity will best
8. How will profits be taxed?help you achieve your business goals.
9. What type of benefits will be extended to