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LLC Formation FAQ
What is an LLC?
Also called a Limited Liability Company, an LLC is a business entity that is between a sole proprietorship and a corporation from a tax and legal standpoint. Like a sole prop, LLC owners report business profits and losses on their individual tax returns. Like a corporation, LLC owners are protected against liability for business claims and debts.
Can any business create an LLC?
No, businesses that deal in banking, insurance or trust funds cannot form an LLC. In some states, licensed professionals like doctors and engineers must create a PLLC instead of an LLC.
Can I setup an LLC myself or do I need an attorney?
You can create an LLC yourself. The Secretary of State website for your particular state will have downloadable forms that you can fill out and send back. However, it is highly advised that you seek out a legal and/or accounting expert to determine if an LLC is right for your particular business.
What legal documents are needed for LLC formation?
In most states, you simply need to fill out and file an Articles of Organization form. You also want to prepare an LLC Operating Agreement. While this is not strictly required in most states, this document will explicitly state how your LLC will be run - otherwise the default LLC laws in your state will be in effect.
What is the advantage of forming a LLC vs. Scorp?
Given all businesses have unique requirements and ways of operating, that is not an easy question to answer. You are highly encouraged to contact an accountant, business consultant or attorney who specializes in business law and can advise you in whether an LLC makes sense for your particular business.
How is an LLC taxed?
Unlike corporations, LLC profits and losses show up on your personal 1040 tax return. An LLC is not considered a separate entity from it's owners.
Can I convert my sole proprietorship to an LLC?
Yes, it is a simple matter to convert a sole proprietorship or partnership to an LLC by completing a Certificate of Conversion form.
How many people are need for LLC formation?
Only one person is needed to create an LLC.
資料來源
http://www.llcformation101.com/llc-faq.htm