The Limited Liability Company
BUSINESS
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.