ASK MICKEY, CPA Starting a New Business-Should I use a LLC?

I’m getting ready to start my own business and I keep hearing I should set it up as an LLC. Does the LLC have many benefits for a small business?

ANSWER

Yes, a primary benefit is that a limited liability company (LLC) protects its owners from personal responsibility for its debts or liabilities if they treat it like a true corporation. If the company goes bankrupt, creditors cannot therefore go after the owners’ personal assets, just that of the business.

To ensure limited liability status, make sure you have a separate set of books from your personal accounts and keep corporate records.

LLCs also have ultimate flexibility for federal tax treatment.

· If you own it 100%, it can be treated as a sole proprietorship.

o Income is taxed to you directly on your personal tax return.

o Income is self-employment income.

· If you have a partner, it can be treated as a partnership.

o Your share of Income is taxed to you directly.

o Your share of Income is self-employment income.

· You can elect Subchapter S status and treat it as an S Corporation

o Earnings are not self-employment income – no self-employment tax.

o Reasonable compensation is required.

· You can file a Form 8832 and elect C Corporation status.

o Earnings are not taxed to you directly,

o And are subject to a flat 21% tax rate.

o A fiscal year end is allowed

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