As a business owner, it only makes sense to protect your personal assets from company debts and liabilities. The question is: what’s the best way to do that? If you’re going back and forth between the limited liability corporation (LLC) and the S Corporation (standard corporation), you’re certainly not alone!
LLC vs Corporation – The Similarities
So what benefits do these two business entities share? Owners of an S Corp or LLC both enjoy limited personal liability, they both avoid "double taxation," and they both pay income taxes on a flow-through basis like sole proprietors and partners.
In the past, business owners who wanted to protect their personal assets but also wanted to report income and losses on a personal tax return had to create an S Corporation. Today, that can also be accomplished with an LLC. And for many small businesses, the flexibility of the LLC makes it a pretty popular option. In fact, in the LLC vs S Corp battle, the LLC is quickly becoming the entity of choice among small business.
Benefits of LLC vs S Corp
•Simple & Fast – An LLC can be formed in one easy step, while an S Corporation election is made only after a General Corporation is formed first.
•Skip the Formalities – S Corporations are required to hold annual meetings and keep formal minutes, while an LLC is not.
•Flexibility – LLC members can split profits/losses in any way they choose. In an S Corporation, shareholders must receive dividends according to the number of shares that they own, regardless of the amount of effort put into the business.
•Ownership Freedom – Any combination of individuals or business entities can own an LLC. Only United States citizens and resident aliens may own an S Corporation.
Still, when it comes to the question of S Corp or LLC, a clear winner cannot be named. While many business owners are enjoying the simplicity and flexibility of the LLC, it’s not the best choice for everyone.
Benefits of S Corporation
•Issuing of Stock – If you want to entice or compensate employees with stock options or stock bonuses, the S Corp is still the way to go since LLCs do not issue stock.
•Tax Benefits – S Corp shareholders pay Medicare and Social Security tax only on money received as wages or salary, not on profits received as dividends or that stay within the company.
•Fewer Audits – An S Corporation is said to have less risk of government audits as a corporation, compared to an LLC.
As you can see, there’s no clear cut answer as to which form of business entity is better. Each individual business owner will have to weigh his or her options in the battle of LLC vs S Corp. If you’re still feeling overwhelmed, it might be time to talk to a business attorney or accountant about what’s best for you. Another great option is utilizing an online incorporation firm – they can answer your questions and assist you in setting up your S Corp or LLC for a reasonable fee.
S Corp Or Llc
Here we are going to go over an S-Corporation & An LLC.
Let's face it, not everyone is into paperwork...and formation and maintenance of a corporate entity requires a fair amount of it. On the other hand, it's a relatively small matter to form an LLC. According to Nolo's Guide to Starting and Running a Small Business,
the relative simplicity and flexibility of the LLC make it the better choice. This is specially true if your business will hold property, such as real estate, that is likely to increase in value.
That statement about property is something to think about if your Internet business is an informational website that generates income on its own, such as CraigsList or a pay-per-use site. Digital property has the same potential to rise and fall in value as real property (just ask AltaVista).
Even if your website doesn't generate income directly, if you're getting a fair number of its per month - say, 100,000 or more - simply the domain name (if you have one) can be valuable.
Beyond the fact that forming an LLC is a one-step process requiring little in the way of red tape, you won't have to worry about annual meetings and keeping minutes of those meetings in the way corporations must do.
Dividends of S-Corporations must be distributed among shareholders based on the number of shares they hold, regardless of whether or not they contributed to the business in any tangible way (in other words, You could put in the hours of actual labor while THEY sit around the pool waiting for the dividend check - which in theory, could mean your shareholders may wind up with the lion's share of profits!).
With an LLC, profits and losses are divided up among the members in any way they see it. Finally, an LLC can be owned and operated by anyone, whether they are a citizen, a resident alien, or another person or corporate/business entity inside or outside of the U.S. An S-Corporation, on the other hand must be owned by a "natural person" who is a U.S. citizen or a legal resident - it cannot be owned by another corporation or person outside of the country.
Members of an S-Corporation pay Medicare and Social Security taxes only on money they actually receive as compensation in the form of wages or a salary - profits received as a dividend are exempt. In contrast, members of an LLC may be liable for these taxes on all profits made.
This is especially true if yours is an online business that provides professional services in the fields of health care, the law or engineering and design. If this is the case for you, it is a good idea to consult with your account or tax advisor on what is best for your small business.
Another caveat for licensed professionals residing in the State of California: an LLC may not even be an option for you, since California law prohibits LLCs from rendering professional services as an individual. Other than that, California charges LLCs a yearly tax of $800 just for doing business in that state, plus an additional annual LLC fee based on a percentage of total yearly income from all sources.
You now know the difference between each of these corporation types. Take your time in choosing the one that's right for your business.
Both Samantha Fishman & Leon Edward are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Samantha Fishman has sinced written about articles on various topics from Limited Liability Company. Samantha Fishman is a web-based investor and entrepreneur. She operates dozens of sites and has an MBA in Technology Management.. Samantha Fishman's top article generates over 1900 views. to your Favourites.
Leon Edward has sinced written about articles on various topics from Small Business, Work From Home and Health Insurance. Get detailed information free online from the author, Leon Edward, on government funding, Federal, State, Local Grants , where to find start up grants, sources, how best to fill out grant applications, grant management step by step tips,. Leon Edward's top article generates over 27100 views. to your Favourites.
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