Key Takeaways
- Forming an LLC provides personal asset protection LLCs are known for their ability to protect your personal assets from business liabilities.
- LLCs can be taxed in many ways, enabling owners to choose the most advantageous tax treatment for their specific business situation.
- Providing services as an LLC can provide a level of credibility with clients and business partners that can help build trust and a competitive edge.
- An LLC’s flexible management structure allows you to determine the best way to organize roles and responsibilities to expedite decision-making.
- Due to the legal protections afforded by the formal structure of an LLC, they provide an easier path for attracting investors and accessing funding.
- Registering an LLC gives you the exclusive rights to your registered business name, which gives you additional brand protection and legitimizes your business operation.
A limited liability company (or LLC) is a great way to gain personal liability protection while keeping business flexibility. Owners protect their personal property from business liabilities, while benefiting from relatively easy creation and maintenance.
Of those, the majority choose an LLC due to tax advantages, reduced administrative requirements, and fewer limitations on organization. The model is ideal for small businesses, fledgling startups, freelancers, and businesses on the verge of growth.
This article outlines the top ten most obvious reasons why most people go with an LLC, with real-world examples and practical context.
1. Limited personal liability protection
Limited personal liability protection is one of the primary advantages of forming an LLC. By forming an LLC, business owners provide themselves and their hard-earned assets an extremely important shield of protection. This protects their personal property—such as bank deposits, houses, and cars—from liabilities associated with the business.
Creditors who successfully sue the business can only access the company’s assets, not those of the individual members. For instance, if a client wants to sue an LLC due to a breach of contract, the court would likely rule in favor of the client. In such an event, only the LLC’s assets—its bank accounts or property—are available to pay the judgment. Members’ personal assets are still protected, so long as the business and personal finances are kept distinct.
This shield, more commonly referred to as the corporate veil, makes a distinction between personal and business liabilities explicit. It is only limitedly recognized through all US states, as each state determines their own regulations. States such as Wyoming are recognized for having particularly strong asset protection laws, providing further peace of mind to LLC members.
This structure provides an environment where business owners can take smarter risks without compromising their personal wealth. LLCs enjoy this personal liability protection right alongside corporations. They allow for more management and ownership flexibility, making them attractive to both individual entrepreneurs and teams.
It’s critical to remember that this protection is not guaranteed. If members mix personal and business finances or commit fraud, courts may decide to “pierce the corporate veil,” exposing personal assets. Still, for most owners who follow good business practices, LLCs help reduce risk and keep personal and company life separate.
2. Flexible tax options available
In the next place, flexible tax options are one of the main reasons to form a new LLC. Owners can pick how the business gets taxed, using IRS Form 8832 to select sole proprietorship, partnership, S corporation, or C corporation status. This new flexibility allows limited liability companies to determine what works best for their unique needs.
For instance, a design studio of five employees might begin under pass-through taxation to simplify initial efforts and maintain cost efficiency. If later on, growth demands it, transitioning to a full corporate tax structure down the road is an option.
LLCs take advantage of this tax flexibility to offset profits with losses from other income sources. Accurately reporting income and expenses on tax returns ensures that owners can take full advantage of the many available deductions and credits.
The QBI deduction (199A) allows eligible LLCs to avoid the self-employment tax. These businesses can deduct up to 20% of their qualified business income! There are income restrictions. Single filers making between 191,500 and 241,950 USD become ineligible for the full deduction.
As soon as you make more than $241,950, you’re completely ineligible. Tax treatment matters to workers’ take-home pay as well. Under current tax law, owners of LLCs pay a self-employment tax that includes 12.4% for Social Security and 2.9% for Medicare, rising to 3.8% in 2024.
By choosing an LLC, you’ll avoid double taxation associated with C corporations. Rather, profits are typically passed through immediately to owners, who pay taxes just once.
First, LLCs can flexibly change how profits are distributed among owners, without matching ownership shares to profit distributions. This flexibility can make the business more attractive to potential investors or partners.
For instance, one partner could take home larger shares of the profits than another partner so long as the collective consents to it.
3. Enhanced credibility with clients
Next, enhanced credibility with clients is the most obvious benefit of forming a new LLC. Having a formal business structure, such as an LLC, demonstrates to potential clients that the business is serious and committed to doing quality work. Just as the “LLC” in a business name instills confidence, it shows that you are serious about conducting official business more ethically, transparently, and accountably.
For instance, just like when clients see “LLC” on a company’s website or contracts, they instinctively feel safer. Their feeling of security is enhanced in comparison with working with a sole proprietor. Every bit of this helps… more than you know! Because that’s particularly the case in highly professional industries – think consulting, IT, etc., where professionalism is the tiebreaker in selecting a provider.
Legitimate clients take cues on legitimacy before ever working with a business. An LLC goes a long way to forming those signals right from the start. It provides personal liability protection. It signals to your clients that the company takes its finances and operations seriously.
This distinction between your personal and business assets reassures your clients. It’s about making sure that the business is not one day going to wake up to some sudden financial doom. A client’s decision to hire a marketing agency usually looks more favorably on an LLC. They realize that this arrangement provides important legal protections and lessens the chances of individual liabilities affecting the provision of professional service.
LLCs protect businesses from competitors who are sole proprietors or partnerships. This LLC structure adds a new layer of discipline in operations, helping to create a more systematic working environment. The flexibility served fosters an atmosphere of stability.
Most of our clients, particularly the bigger ones, require for-profit vendors to be incorporated. In fact, in many client contracts it is even mandated. The capacity for an LLC to persist even as the partners come and go provides a level of assurance that helps to instill clients’ confidence in long-term collaborations.
4. Simplified management structure
One of the biggest attractions of creating a new LLC is the flexibility it offers small business owners to tailor their management structure. They should be able to craft it to suit their unique requirements, rather than the reverse! Don’t expect every member to weigh in on every routine decision. Would you rather have a designated pair of ears on all business-related phone calls? Both arrangements are functional.
For example, a design studio of four partners may choose to provide each partner with one equal vote. By comparison, a privately-owned business might allow one family member to make all the calls on their own. This flexibility in appointing management may enable the firm to design its management structure. With a few tweaks, it can better match up to its size, style, and objectives.
LLCs provide significant flexibility as to management structure and duties. There’s no reason to follow heavy-handed corporate formalities, like conducting annual meetings of shareholders or maintaining formal minutes. Unlike corporations, LLC operating agreements typically do not require the formalities of a board of directors or intricate governance structure.
Reporting requirements tend to be less burdensome, with some states requiring nothing more than an annual notice of progress. That translates to less bureaucratic red tape, allowing managers to spend their time growing the business instead of drowning in forms.
Changing whose LLC it is or who manages it is relatively easy, as well. If a new member comes on or someone exits, you typically only need to amend the operating agreement to reflect that. This absence of needed formalities reduces the time needed and the resulting legal expenses.
5. Easier access to funding
Currently, easier access to funding is emerging as the most significant advantage of limited liability companies (LLCs). Clarity and simplicity are top priorities for investors, who typically seek investment opportunities with business structures that maintain such qualities. These requirements are usually satisfied by LLCs.
In contrast to a sole proprietorship, an LLC usually appears more professional and credible. Other investors appreciate the nimbleness of management and the pass-through tax benefits. These characteristics are what make LLCs unique. Profits are not subject to double taxation, as they flow directly to the owners and avoid corporate taxes, making them attractive to investors who wish to avoid double taxation.
To put it simply, LLCs enable you to raise the seed capital. With a transparent ownership structure, business owners are able to sell shares or membership stakes in their business. This creates more opportunities for attracting a wider pool of new investors.
A tech start-up, for example, can easily issue new shares to angel investors. These types of investors usually want LLCs as they are easier and less public facing. In certain states, such as Delaware, LLCs are not required to disclose the identities of their members. This added secrecy can mitigate investor worries by allowing them to remain more anonymous.
Easier access to funding
Getting business credit is easier
Building a business credit profile is another big advantage. Incorporated LLCs can open their own bank accounts, sign contracts in their own right, and apply for business loans. Lenders and banks are more likely to trust borrowers with an LLC because of the formal structure and limited liability.
Other states take it a step further by holding LLC filing fees low, too, making the entire process of starting an LLC quite affordable. The absence of stringent formalities and documentation requirements streamline the process and make funding less of a burden.
6. Protection of business name
Protection of your business name is one of the most significant LLC advantages when forming your LLC. By registering your new LLC with your state, you effectively protect your business name. This registration prevents any other company in your state from using a name that’s confusingly similar to your own.
So for instance, if you’ve chosen “Urban Green Market LLC” in California, you can be pretty safe. The state cannot approve a new business using the name if it’s too similar. This process helps you stand out in a competitive field. It helps customers find you, and more importantly, remember you!
State registration prevents others from using your business name. Possessing that formal record provides you the best legal footing. You’ll be on solid ground when you push back if a competitor or other third party starts using your name or a confusingly similar one.
Many small business owners take additional steps to protect their name by registering it as a trademark with the United States Patent and Trademark Office (USPTO). This secures exclusive rights to use that name throughout the country, not just in the state where you operate your LLC.
If privacy is important to you, we’re happy to report that states such as Delaware provide guardrails. They don’t make you put your business name or home address on government documents, protecting your private information.
Why Using a DBA, or “Doing Business As” name, is so awesome. It provides you with the ability to trade under an alternate name, while continuing to protect your identity. Sometimes, you don’t even need advanced registration.
Simply using and promoting your name creates common law rights, although these are generally limited to a narrower geographic area. A little due diligence before choosing a name can save you the headache of potential lawsuit or costly rebranding efforts down the line.
7. Perpetual existence of the business
Because a new LLC can exist indefinitely, the company can survive the departure of owners or members as they come and go. In most jurisdictions, an LLC organized with the default of perpetual existence continues on regardless of who comes or goes. This arrangement allows a business to continue thriving long after the founders’ exit.
Say, for instance, one of the founding members retires or sells their share; the LLC would not have to dissolve. The business continues to provide service to customers, pay vendors, and maintain contracts, all as they’ve done in the past. The ease of ownership transitions is a major benefit here, particularly for small business owners.
When a member buys in or moves out, the LLC’s structure facilitates a simple transfer of interests. There’s no need to create a new firm from scratch or upend contracts that are already formed. For small businesses and startups, this translates to a lower likelihood of having their plans derailed by transitions, making the LLC operating agreement a crucial document.
Bigger companies, as you’d find in many businesses, depend on this aspect to maintain the perpetual existence of their business across generations. Whether they know it or not, to clients and partners, stability conveys competence and reliability.
With perpetual existence, an LLC can develop enduring relationships with clients and partners over time. This creates a greater value of repeat business and improved collaborative capacity. When stakeholders know a company is organized for perpetual existence, it provides more certainty and allows them to plan and invest with confidence.
This is an important feature for many prospective business owners when choosing between different options of how to organize their business. Corporations have historically received the benefit of perpetual existence, but LLCs provide a more flexible, modern means to grant that benefit.
This perpetual existence of the business gives the company the ability to endure some hard times and continue to thrive, reinforcing the advantages of forming limited liability companies.
8. Separation of personal and business assets
After all, separation of personal and business assets is often cited as the number one advantage of creating an LLC. Separating personal and business finances allows entrepreneurs to better manage accounting and tax obligations. For instance, having a business account where all business income and expenses flow through can eliminate a lot of difficult tracking of spending.
Having this distinct separation between personal and business assets reduces the risk of errors at tax time. An LLC is its own legal entity. This protects your personal assets—such as a house or bank accounts—from being seized to pay business liabilities and judgments.
In reality, when the business gets sued, creditors cannot pursue the owner’s personal assets. This legal protection is particularly important when operating a business with an elevated risk profile or large contracts. Dealing with business liabilities and exposure to risk is much safer when you’re using an LLC.
This allows owners to take risks for the benefit of the company without fear of exposing their personal assets to risk. Many serious entrepreneurs like to form their LLCs in Delaware for its powerful asset protection laws. This makes Delaware a popular venue to hold assets such as real estate or trademarks.
Plus, LLCs tend to be simpler to operate as compared to corporations. In many cases, states are requesting decreased paperwork burdens per year, assisting in maintaining the line between personal and business assets. An operating agreement is a legal document that spells out how the business functions.
It further provides detail on maintaining separation of assets even in a single owner scenario. This understanding makes for less infighting and chaos in the future.
9. Potential tax deductions for expenses
In addition, possible tax deductions for expenses allow LLC owners to reduce their overall tax bill. You can deduct business expenses from your taxable income each year you incurred them. This covers all expenses such as office space, staff, materials, and November advertising.
For anyone who has been working out of their home, a home office deduction can be claimed for the space used as a workspace. As it stands, the rule provides for $5/sq meter, maximum 28 sq meters. This ensures a cap of $1,500, making it easier for small business owners to include remote workspaces.
Operational costs such as travel, equipment purchases, and even the business use of a personal vehicle can be deducted. These expenses are located to be ordinary and necessary. When they deduct these costs, it reduces the amount of tax they owe.
This can make a big difference in cash flow, and that’s particularly important for newer businesses. If startup costs are less than $50,000, then up to $5,000 can be deducted in the first year. This allows emerging companies to hold on to more cash to fund their growth.
Medical expenses that exceed 7.5% of adjusted gross income are deductible, providing an additional layer of tax relief. Employer payments for employee tuition have a deduction ceiling of $5,250—an efficient way to develop the workforce you need while reducing tax liability.
Any capital expenditures, such as investments in new machinery or technology, are deducted from taxable income over a number of years through depreciation or amortization. Detailed documentation for each qualifying expense—receipts, invoices, mileage logs—will ensure that you take full advantage of these tax deductions and help track your spending for reporting purposes.
10. Compliance with state regulations
Compliance with state regulations is another area where LLCs truly shine. Each state sets their own guidelines for creating and operating an LLC. By adhering to these regulations, owners can prevent themselves from getting into hot water with state regulators.
As tedious as state compliance may be, it’s generally very easy to keep a new LLC in good standing. Annual reports are usually a lot less complicated than what corporations have to submit. In Delaware, for example, the only requirement for an LLC to remain valid is for the business to pay an annual fee. This simplicity is one of the LLC advantages that attract many small business owners.
In contrast, businesses face annual reports, shareholder meetings, and franchise tax obligations. Wyoming and Delaware offer additional layers of privacy. They do not require the names of members to be filed, providing for business owners to keep their names from appearing on public filings.
Owning and operating an LLC involves more than just forming it – understanding ongoing responsibilities such as annual state-mandated filings and associated costs are key. Annual dues and, in some cases, minor annual taxes are required. The good news is that these costs are far less than what most corporations pay.
Most LLCs skip some of the more demanding corporate needs, like boards of directors, shareholder meetings, or keeping a pile of records. This streamlined LLC structure goes a long way to saving time and stress. Opening an LLC in Wyoming or Delaware is a walk in the park.
Not to mention, it’s often more affordable than most other areas! That’s why so many start-ups and small businesses choose these states to hang their shingle.
Conclusion
Forming an LLC is an easy way to provide yourself with powerful benefits. You reduce your risk, protect your wealth, and position your business competitively to clients. Tax rules remain simple, you gain additional avenues for savings, and attracting funding isn’t as rigorous an endeavor. The business can continue operating, your name remains your own, and everyone knows the rules. Many non-U.S. Founders choose an LLC to get started in the U.S. Simply because it makes sense. That’s why Nazmi Ozer created Startupsole — to put the power of entrepreneurship literally in anyone’s hands. Consider your situation, your future goals, and discuss with an expert in the field. To learn more or receive assistance in forming your own LLC, visit Startupsole’s guides and tips for entrepreneurs. Give your brilliant concept room to flourish without all the pressure.
Frequently Asked Questions
What is an LLC?
An LLC, or Limited Liability Company, is a business entity that offers limited liability protection to its owners, making it an attractive option for small business owners seeking flexible management structures.
How does an LLC protect personal assets?
How does a new LLC protect personal assets? Your personal assets, such as your house or vehicle, remain generally unharmed, even if the limited liability company faces lawsuits or bankruptcy.
Can a single person form an LLC?
Can a single individual form a new LLC? This is known as a single-member LLC, which still offers limited liability protection and all the flexible tax options.
What are the tax benefits of an LLC?
LLCs typically take advantage of flexible tax treatment. They can sidestep double taxation and potentially become eligible for various business expense deductions.
Does forming an LLC increase business credibility?
Yes, one of the benefits of forming a new LLC is that it will help your small business look more legitimate and credible to customers, investors, and partners.
Is it hard to manage an LLC?
Is it hard to manage a new LLC? Unlike a corporation, business owners have the choice to manage the business themselves or have their managers run the business.
Does an LLC exist if the owner leaves or passes away?
Does a new LLC go away if the owner moves or dies? This is known as perpetual existence, allowing for continuity of business activities.
