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What Makes a LLC so Powerful?

A Limited Liability Company has similar protections for the owners as a corporation. Limited Liability Companies have the advantages of a partnership when it comes to its organization and control. It can have multi-levels of membership interest, and control and equity benefits limited by the parties (and their attorney's) imagination. The LLC has the extreme flexibility of a partnership, yet can be established in a traditional manner similar to a corporation.

Limited Liability Companies have the following main advantages:

   1. Limited Liability. This limited liability is similar to a corporation but is not a perfect protection as many new business owners want to believe.

   2. Pass-Through Entity. Limited Liability Companies are generally pass-through entities for tax purposes. That means that a Single Member Limited Liability Company is treated as a Schedule C sole proprietorship for tax purposes. A multi-member Limited Liability Company is treated as a Partnership for tax purposes. (It should be noted that a Limited Liability Company can elect to have tax treatment as a corporation if it so chooses.)

   3. Permanency. A Limited Liability Company has the permanency of a corporation's perpetual existence if the members so elect. This means that it does not terminate on the death or disability of the member (contrasting to the sole proprietorship which would terminate on the death or disability of the proprietor.) Note that for tax purposes, this would be considered a "technical termination."

   4. Transferability The Limited Liability Company, as an entity, can admit new members and modify the membership and investment structure. This is an exceptionally useful feature for closely held businesses when transferring the business between family members of different generations.

   5. Employment Taxes The Limited Liability Company is liable for employment taxes, both the trust fund portion and the employer portion. If the LLC terminates business owing employment taxes, the members and officers would only be responsible for the trust fund portion and not the employer's portion.

   6. Cost The cost of establishing a Limited Liability Company is similar to that of a corporation with a Buy/Sell Agreement or a partnership. The accounting and legal costs are very similar.

LLC lawyer


Ronald J. Cappuccio, J.D., LL.M.(Tax)
Counsellor at Law
1800 Chapel Avenue West, Suite 128
Cherry Hill, NJ 08002 USA
Phone (856) 665-2121
Fax (856) 665-9005
Email: Ron@TaxEsq.com


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