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Corporation or an LLC for Business

Corporation or an LLC for Business

Is a corporation or a limited liability company (LLC) best for your business. Which one is going to be better for your business? Which one will be easier to create and maintain? Although this article cannot give you a firm answer one way or the other, it will attempt to show you the advantages and disadvantages of both corporations and LLCs.

Is an LLC Best?

Many small businesses may find that the flexibility and simplicity of a LLC makes it the better choice when it comes to forming as a corporation versus an LLC. If you plan on your business owning property, you will seriously want to consider forming your business as an LLC to avoid the problem of double taxes.

This issue may crop up if the business is formed as a corporation. This double tax problem arises if the business owns property that appreciates in value and the business is formed as a corporation.

When this happens, both the corporation and the shareholders are taxed by the increase in property value when the property is sold or when the corporation is liquidated. Owners of an LLC, however, avoid this double taxation problem because the business’ taxes are “passed-through” to the owners of the LLC, meaning the LLC is not a tax entity in itself and does not pay taxes on its income.

Is a Corporation Best?

There will often be factors that make a corporation (C Corporation) the better choice when it comes to the corporation versus LLC decision. These factors could include:

Large Number of Investors or you Plan on Raising Money from the Public. Although LLCs work great when there are only a few owners of a business that expect to have a hand in the dealings of the business, the LLC structure starts lacking when the number of investors and owners increases. At some point, the investors will want to have some sort of tangible ownership right in the business, which is where stock certificates come in. You can only issue stocks if you have organized your business as a corporation, however.

Providing Benefits to Owners

Corporations are often able to provide benefits to those that are both employees and investors in the business. For example, if a person is both a shareholder of a business, and is also employed as the business’ chief financial officer, the corporation would be able to pay that person a salary and also provide benefits like health insurance.

Because of the setup of a corporation, the business will probably be able to deduct the costs of the health insurance from its profits, and the benefit provided to the employee is not considered income. This is a great benefit of forming your business as a corporation. To contrast, an LLC can only deduct a portion of the cost of the health insurance (and other benefits) premiums paid for the employees.

How to Retain Good Employees

Unlike a LLC, a corporation has a great incentive system built directly into the structure of the business that can help small business retain great employees. Corporations can offer their best employees stock options that, in addition to providing an incentive for employees to remain with a business, also provide an incentive for an employee to continue working diligently for the business. Offering these stock options is an easier way to get employees a membership interest in the business, unlike LLCs where it can often be difficult and complex to get employees into the membership circle.

What about an S Corp?

Under an S corporation, you only pay self employment taxes on money you receive as compensation for your services, not on the profits that pass through the corporation to you. To make this clear, suppose you get $80,000 from your S corporation for the year, $60,000 of which was compensation for your services to the corporation. You will only pay taxes (15.3 percent) on the $60,000, not on the additional $20,000.

If your business were formed as a LLC, however, you may have to pay self employment taxes on the entire amount of business profits that pass through to you automatically.

Business Lawyer Free Consultation

When you need help with a corporation, LLC, S-Corporation or other business entity, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506