The Limited Liability Company

BUSINESS

1/26/20232 min read

three people sitting in front of table laughing together
three people sitting in front of table laughing together

A limited liability company (LLC) is a legal business entity that is separate and apart from its owners (members). LLCs combine some of the best advantages of a partnership with the advantages of a corporation. Each state passes laws that govern the creation and operation of an LLC.

Advantages of an LLC include:

  • LLCs may choose to be taxed as a sole proprietorship (pass-through entity) or a partnership.Owners have limited liability.

  • They are not liable for the company’s obligations or debts.LLCs are relatively easy to set up through the state’s Secretary of State’s Office.

  • Members are not required to conduct annual meetings and have very few ongoing formalities or corporate filings with the state.

  • LLCs offer a great deal of flexibility in how the LLC is managed.

  • LLCs can be converted to a corporation if the company outgrows the limitations of an LLC.You may create a single-member LLC or create an LLC with multiple members.

  • Flexibility to adopt different tax structures

  • Potential to earn tax deductions for business losses

  • Responsibility for business liabilities doesn't belong to shareholders

  • Ability to restructure without seeking regulator approval

    Disadvantages of an LLC include:

  • LLCs are typically not suitable for companies that want to seek venture capital or pursue an initial public offering in the future.

  • Some professional groups may not be permitted to operate an LLC.

  • Transferring an interest or accepting new members can be difficult, depending on the terms of the operating agreement.

  • Members may be held liable for company obligations in some cases.

  • It can be challenging to raise capital for this type of business.

  • This can be more expensive to form than other structures.

  • The salary and profits are often subject to self-employment taxes.