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Llc Vs Corporation In Home Business

Llc Vs Corporation In Home Business
4/20/2010 12:00 AM

Question: What is the difference between an LLC and S corporation, and a C corporation?  

All of the following provide corporate protection from civil and debt liability but there are differences.

LLC:  It is a corporate entity.  It provides protection from lawsuits as a corporation does.  It allows for foreign members and corporate entities members.  So if an owner is a foreigner or a corporation, it  can be a member as opposed to the  S corporation that only allow domestic shareholders.  It can be treated as a partnership or corpration depending how you want it to function as far as federal and state treatment  for taxes is concerned.

S corporation:   An S corporation can also be treated as a partnership or a corporation for tax purposes.  It is a good choice for those that want to do their taxes using it as a pass-thru  entity.  I.e., prepare only one tax return for both the corporation and the owner.   As opposed to a C corporation, an S corporation can claim profits and losses from  its owners. For example, you can offset S corporation profits against your personal losses.

C corporation:   A C corporation is good if you want to get the entire amount of medical insurance written off as an expense.  So, you can expense your own medical insurance, 100% of it if you are an employee of your own corporation.  The difference is that you cannot offset your personal losses against your C corporation profits.   In additon, you will be taxes twice.  One for the C and one for your  own personal taxes.  You will prepare 2 tax returns.

I am in home business for measuring properties for realtors, lawyers, fee appraisers. Also have a web page for extra sales and referrals.

Answer: Most real estate related business choose an LLC because it helps with percentage of ownership which is important when the contributions are real property.   However, in some cases, it may be better to get an S corporation or a C corporation. 

 

Here is an Overview of the corporate entities

Here is a sample LLC statute TITLE 6 of the Delaware Code.

Commerce and Trade

SUBTITLE II

Other Laws Relating to Commerce and Trade

CHAPTER 18. LIMITED LIABILITY COMPANY ACT

Subchapter II. Formation; Certificate of Formation

(a) In order to form a limited liability company, 1 or more authorized persons must execute a certificate of formation. The certificate of formation shall be filed in the office of the Secretary of State and set forth:

(1) The name of the limited liability company;

(2) The address of the registered office and the name and address of the registered agent for service of process required to be maintained by § 18-104 of this title; and

(3) Any other matters the members determine to include therein.

(b) A limited liability company is formed at the time of the filing of the initial certificate of formation in the office of the Secretary of State or at any later date or time specified in the certificate of formation if, in either case, there has been substantial compliance with the requirements of this section. A limited liability company formed under this chapter shall be a separate legal entity, the existence of which as a separate legal entity shall continue until cancellation of the limited liability company's certificate of formation.

(c) The filing of the certificate of formation in the office of the Secretary of State shall make it unnecessary to file any other documents under Chapter 31 of this title.

(d) A limited liability company agreement shall be entered into or otherwise existing either before, after or at the time of the filing of a certificate of formation and, whether entered into or otherwise existing before, after or at the time of such filing, may be made effective as of the formation of the limited liability company or at such other time or date as provided in or reflected by the limited liability company agreement.

68 Del. Laws, c. 434, § 1; 69 Del. Laws, c. 260, § 7; 70 Del. Laws, c. 75, § 5; 76 Del. Laws, c. 105, § 9.;

Since you are a home business  an S corporation or an LLC is the best choice.  But you need more.  Here are the licenses and tax ids you are legally required to obtain before starting business operations for your home business for measuring properties for realtors, lawyers, fee appraisers: 1. A home business for measuring properties for realtors, lawyers, fee appraisers business tax registration license 2. A DBA assumed business name 3. A federal tax id number if you are a partnership or you want to use it instead of you social security number to open a bank account. Also, note that forming an llc or incorporating eliminates the requirement of getting a dba. It is a good idea to form a home business for measuring properties for realtors, lawyers, fee appraisers  llc to avoid personal liability from business transactions.

Simply fill our online form on this site.  The operating agreement is required and it is included in the price.

Here on this site.

Here is why you should get the LLC for your real estate related business.  First it is flexible. As oppose to a corporation for example, you don't need to keep annual minutes so less paperwork.  Second, if you have any other members, you can allocate ownership percenage easier than a corporation.  Finally, you can have foreign members.

$99 -  $700 depending on the state filing the  articles of organization.

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