Bewerbungen » An llc is a chameleo

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I see a lot of dumb LLC formation mistakes. Maybe more than most people because I regularly teach a graduate tax class on LLC formation.


Some of the mistakes are made by entrepreneurs and investors trying to save money on accountants and attorney fees. And I guess that's okay--albeit penny- wise and pound-foolish.


But you know what really irks me? Some of these mistakes in fact, most of them are made by attorneys and paralegal services? Professionals who should know better.


But enough whining. Without further fanfare, here are the three dumbest mistakes that I see people make again Zach Britton Youth Jersey , and again, and again.


Mistake #1: Forgetting about Foreign LLC Registration Rules


Read those tempting advertisements for Delaware or Nevada limited liability companies? The advertisements sound pretty good, but most small businesses shouldn't use out-of-state llcs or for that matter out-of-state corporations.


Here's why: If you're doing in business in, say, New York C.C. Sabathia Youth Jersey , you're not going to be able to avoid state taxes by forming your llc in, say, Nevada. The tax and corporation laws in your state will require you to register your out-of- state, or foreign, llc in the states where your business operates. Those same laws will require you to pay state income taxes in the states where you earn your income.


A couple more quick points: Large businesses do like Delaware for a variety of reasons'mostly having to with how sophisticated the Delaware chancellery courts are. But this applies to really big businesses that will litigate in Delaware?not small businesses. And Nevada does offer corporations a no-income-tax haven?but you need to set up a real business presence there Greg Bird Youth Jersey , with an office, employees, and property'the whole enchilada.


Mistake #2: Electing to be Treated as a C Corporation


An llc is a chameleon for tax purposes. Which is great. An llc with a single owner can be treated as a sole proprietorship, a C corporation or an S corporation (assuming eligibility requirements are met.) An llc with multiple owners can be treated as a partnership, a C corporation or an S corporation (again Giancarlo Stanton Youth Jersey , assuming eligibility requirements are met.)


But just because you can do something doesn't mean you should. And unless you've got expert tax advice from an attorney or certified public accountant, you shouldn't make the election to be treated as a C corporation.