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The Pros and Cons to Becoming an LLC

Business

As if starting a business wasn’t challenging enough, trying to figure out whether or not you should incorporate your business and make it an “LLC” can be an extra-added headache you never imagined.


Let’s take a step back. Wondering what the heck an LLC is and why you may or may not need it. You’re not alone.

According to Peter Alizio, a New York CPA and ESQ, an LLC is the abbreviation for Limited Liability Company, which offers the company protection with the flexibility of a partnership.

Still confused whether or not your company should become an LLC? Take note of what these accountants say the pros and cons are of incorporation and filing for taxes as an LLC.

Photo Courtesy of Entity Magazine

Pros:
1. You Get Protection

When you start a company, it may be important to take your personal self out of the potential debts and liability of the company, so that you don’t destroy your personal piggy bank. If your company goes bankrupt or someone sues, your personal assets are kept out of the drama.

“Having limited liability protection is especially important if the person forming the business has a lot of assets to protect or if the business naturally has high risks associated with it (such as businesses in the health or food space),” says Pamela Kornblatt, the President of Tax Strategists, an accounting firm that provides personalized tax preparation and advice to startups, entrepreneurs, corporations and individual.

Photo Courtesy of The Balance

2. You Can Skip Corporate Formalities

One thing you can delete from your to-do list if you become an LLC is the need to deal with corporate formalities that might not be present with your business or something you need to do in order to keep the lights on.

“An LLC will not have to deal with corporate formalities i.e. board of directors or annual meetings. Instead the LLC is managed by an Operating Agreement, which is similar to that of a partnership agreement,” says Alizio.

3. Your Tax Situation Won’t Be Complicated

There is also a giant tax benefit when you decide to become an LLC. Think filing personal taxes is a giant Advil-Immune headache? Filling personal taxes and taxes for your business may be extra complicated. But becoming an LLC can streamline your taxes, especially if the LLC only has one member.

“For tax purposes, a one person LLC is called a "disregarded entity" (which means exactly what it sounds like it means, for the purpose of taxes the government disregards the fact that you have an entity),” says Kornblatt. “Rather than having a separate tax return as in the case of a corporation or partnership, a one member LLC is reported as part of the personal tax return (on a Schedule C) in the same way it would be reported if it were simply a sole proprietorship. As a result, a one person LLC results in less work for a person who prepares their own taxes and lower accounting costs if using a professional tax preparer.”

Cons:
1. Your Taxes Might Raise the Roof

There’s a catch, of course, to your taxes. This is why it may be important to know that becoming an LLC is not your only option when It comes to selecting a formation for your business.

“While an LLC avoids the dreaded "double taxation" of a C-corp, income generated through the LLC is subject to self employment tax (a whopping 15.3%!),” says Kornblatt. “With an S-corp structure, an owner providing services must receive a "reasonable salary" subject to payroll taxes (in the place of self employment taxes) but any excess profits over and above the salary are not subject to self employment taxes. This can make for significantly lower taxes for some S-corps versus LLCs making the same net profit.”

2. The IRS May Come Knocking

Having a business on your personal return may be a flag for the IRS to audit you, which is why when you have a business, it is important to stay organized and keep all receipts.

“Having a business on a personal tax return, whether a sole proprietorship or one member LLC automatically increases the risk of the tax return being audited,” says Kornblatt. “Especially since a lot of business owners do not keep adequate records (keep your receipts!), the IRS is especially fond of asking for documentation to back up expenses claimed on a return. This risk increases as the income earned by the LLC increases. Corporations (S or C) of similar sizes have much lower audit rates. “

3. Investors Might Roll Their Eyes

If you are looking for potential investors, establishing your company as an LLC may not be the best move.

“For entrepreneurs who may be looking to raise capital, an LLC may not be the right fit as many investors prefer corporate business structures, says Kornblatt.

3 min read
Lifestyle

Help! I’m Dating a Jerk!

Email armchairpsychologist@swaaymedia.com to get the advice you need!

Help! I'm Dating a Jerk!

Dear Armchair Psychologist,
I've been dating my boyfriend for a year. After spending some vacation time with him and realizing he is not treating me the way I like I'm wondering — what do I do? I need him to be kinder and softer to me but he says simply, "chivalry is not his thing." I believe when two people decide to be together they need to adjust to each other. I don't think or feel my boyfriend is adjusting to what's important to me. Should I try to explain to him what's important to me, accept him for what he is, or leave him as I'm just not happy and the little gestures are important to me?
- Loveless Woman

Dear Loveless Woman,

I am saddened you aren't getting your needs met in your relationship. Intimacy and affection are important to sustain a healthy relationship. It's troubling that even though you have expressed your needs to your boyfriend that it's fallen on deaf ears. You need to explore, with a therapist, why you have sought out this type of relationship and why you have stayed in it, even when it's making you chronically unhappy? Your belief that couples should adjust to each other is correct to some degree. These things often include compromising and bending on things like who gets the bigger closet or where to go for dinner. However, it's a tall order to ask someone to change their personality and if your boyfriend is indeed a jerk, like you say, who refuses to acknowledge your love language or express kindness and softness, then maybe you should find a partner who will embrace you while being chivalrous.

- The Armchair Psychologist

Update to HELP! My Date is Uncircumcised and I'm Grossed Out!

Hi Armchair Psychologist,
Just wanted to let you know that your article was really offensive to read. Do you refer to women's genitals as: "gross," "ghasty," "smelly," or otherwise? Humans are not perfect, each of us is different and you should emphasize this. I hope that man finds a partner that will love and accept him rather than tearing him down. Which gender has a whole aisle devoted to their "special" hygiene needs? I can tell you it's not men.
With love,
Male Reader

Dear Male Reader,

Thank you for your thoughtful feedback to my Armchair Psychologist column. My email response bounced so am writing you here. I am so sorry I offended you. It wasn't my intention. I actually meant to be sardonic and make the writer see how ridiculous she sounded for the harsh language she used to describe her date. I obviously failed at this sneer since you think I meant to be offensive. Many apologies. I'll do better. Have a wonderful day and keep writing us with your thoughts.

- Ubah, The Armchair Psychologist

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