A limited liability company (LLC) is an ownership structure that’s similar to a corporation.
In fact, it uses features of both partnerships (or sole proprietorships) and corporations .
The advantages can be summed up as follows:
- It garners credibility with your customers.
- You can deduct some kinds of expenses.
- You can reduce your audit risk.
- Your personal assets are protected through liability protection
It does take more effort to set up an LLC, than it does a sole proprietorship or partnership, but once it’s going, maintaining it is a great deal easier than running a
corporation. Here are the advantages of forming an LLC in some greater detail:
- Taxation benefits. Any business profit or loss is passed on to the owners, so that they pay the taxes individually. The taxes are referred
to the owners in their personal income tax returns - so paying tax at the business level is avoided in LLCs.
- Potential customer service. If you’re establishing a new business, the most important task is to earn credibility with
potential clients, partners, suppliers and staff. That’s more easily achievable with an LLC.
- Limited Liability protection. Just like shareholders of a corporation, all LLC owners are protected
from personal liability for business debts and claims. That means they’re not individually responsible for any debts incurred during
business dealings. Because of this, the owners’ assets (such as land, or other property) can’t be seized and sold to pay the debts. In sole
proprietorship, the owner is entirely personally responsible for any loss or debt and will have to use personal assets to settle these.
- Better than corporations. Even corporations are liable for annual requirements and formalities imposed by the
government. Conversely, LLCs have fewer restrictions and accountability.
- Organizational freedom. As opposed to corporations and sole proprietorships, the LLCs are independent in
terms of deciding on their organizational structure.
- No restrictions. For an LLC, there are far fewer restrictions than there are for an S corporation.
LLCs can have as many owners as they need.
A word of warning: although LLC owners enjoy limited personal liability for most of their business activities, this cover
isn’t absolute (and corporations are subject to the same exceptions). An LLC owner can be held liable personally if she or he:
- Does something intentionally illegal, fraudulent, or careless, that causes harm
to another person or the company.
- Directly and personally injures another person.
- Treats the LLC as an extension of her or his personal property and affairs, rather than
as a separate legal entity.
- Fails to submit taxes taken from staff pay.
- Personally guarantees a business debt or bank loan on which the LLC defaults.
Some of the disadvantages of forming an LLC are as follows:
- Ownership Transfer. Contrary to the way it works in a corporation, LLCs have narrower restrictions on the transfer of ownerships. If you’re planning on owning the business
just in the short term, then it may be better to rethink or research your options further, before you decide to form an LLC.
- Initial expenses. State filing fees must be paid for the formation of an LLC. Annual report or
franchise fees are also imposed by certain states – and this is in the form of ongoing fees after the articles of organization are filed
with the state. Sole proprietorships and general partnerships are
exempted from filing any articles and fees. This makes forming an LLC a little costlier than forming a sole proprietorship.
- Lack of laws and regulations. As ‘LLC’ is a newly established form of business, there aren’t
many laws or standard legal patterns for LLCs in place yet. In
corporations businesses enjoy the benefits of bylaws and standard laws. This makes LLCs little more vulnerable.