What are the Benefits of Incorporating or Forming an LLC?
There are many benefits to forming a corporation or a Limited Liability Company (LLC). Corporations set the standard for current business structure. A corporation is an entity with legal status that exists apart from its owners. This protects the owners' personal assets. Formerly investors and owners faced personal losses and liability when their business failed or suffered financial loss. All debts had to be settled using personal assets. The corporate umbrella protects investors and owners from risking more than their initial investments and makes investing much more attractive.
LLCs contain features similar to corporations and partnerships. It's like having the best of both worlds. Like corporations LLCs are protected from personal liability. However, they provide a more flexible operating atmosphere by allowing more individual management such as a partnership or sole proprietorship might offer. The profits and losses of an LLC pass directly to the owners for tax purposes making this mode of business very profitable.
Another tax benefit allowable to owners of corporations and LLCs is the ability to use what are considered personal expenses by sole proprietors as legal business expenses in a corporation. LLCs and S corporations permit the company's losses to flow directly to the owners minimizing earned income from other sources and thus reducing taxes. Many of these deductions are allowable to sole proprietors also; however, the tax forms sole proprietors use, Schedule C and Form 1040, are more widely audited.
Furthermore corporations and LLCs are structured to protect against more that just financial loss due to business failures and growth. A corporation or LLC is a living breathing self sufficient entity. It makes its own decisions and implements its own strategies. These processes are no longer up to individuals, but are carried out by shareholders or members of their respective companies. This frees individuals from the liability of lawsuits pursuing their personal assets. The situation surrounding the lawsuit was created by the company and the company alone can be held accountable for it. Providing the corporation or LLC has complied with all legal aspects and regulations regarding its formal internal and external obligations in maintaining its corporation status.
There are also immediate marketing benefits associated with corporations and LLCs. Providing your company with an Inc. or LLC tag immediately draws attention. Potential investors and clients take notice of these tags as signs of organization, success and security. They add a professional aspect to former family and sole proprietor type businesses. This also applies to establishing corporate credit accounts. Past or current personal problems with credit are not applicable to the corporation's financial status. This entity stands alone. Whether or not the corporation is worthy of credit will depend solely upon the corporation's assets, and financial strengths and weaknesses.
Privacy is a key benefit to incorporating. The identity of shareholders or members is not considered material for public records in the majority of states. Thus your identity need never be associated with the company in any way. The opposite is true of sole proprietorships and partnerships. The name of each party involved must be disclosed on required business registration documentation, and is considered public record.
An often overlooked incorporation benefit is the easily facilitated transfer of property owned by a corporation or LLC. If you have assets that you invest in your corporation or LLC, those assets are not available to creditors to fulfill personal obligations. If you wish to give assets such as real estate to an individual, you don't have to perform a formal closing. You may implement a private agreement transferring your stock in this asset to your chosen individual.
Keep this multitude of benefits in mind as you research which type of business entity will best serve the needs of your company. A smart business person is an educated business person.
For more information on forming a corporation or LLC for your business or for complete details on other helpful business and personal legal services, please do not hesitate to email us at info@adanaslaw.com, call us toll-free at 877-420-4600, or contact us online. Be sure to request your FREE Informative Newsletter and Business Start Up Check List!