Forming a Limited Liability
Company (LLC)
"A Safer Strategy for Small Business"
At Inc. Plan (USA), we have witnessed a sharp increase
in the number of businesses that are choosing to establish themselves
as LLC's. The Frequently Asked Questions section below addresses
many of the reasons for the ongoing shift to this popular form of
legal structure.
Limited Liability Companies are favored in certain
specific situations.
Here are a few examples:
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To domicile Real Estate Investment Properties.
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For companies that have partial (or total) foreign ownership.
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To replace Limited Partnership agreements.
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To simplify business tax returns.
Inc. Plan (USA) helps its clients form LLC's in
all of the U.S. states.
If you decide that the LLC is appropriate
for your business, please fill out and submit the Incorporation
Application.
(All LLC's must have Limited Liability Company or LLC included in the name.)
| The Delaware filing and
service fee must be paid before filing. Inc. Plan (USA) provides
Registered Agent service at no cost for the first 6 months. |
| Delaware Filing & Service Fee |
$185 |
Annual Registered Agent Fee
(Due 6 months after filing) |
$80 |
Annual State Franchise Tax
|
$200 |
| Fees to form an LLC: |
|
LLC FAQS
What is a limited liability company?
Simply one of the most exciting new ways to organize a new business
to have been developed in the last couple of decades! It is a new
type of status that maximizes both tax advantages and liability protection.
How does an LLC maximize tax advantages?
With a "C" corp., owners are taxed twice. First on corporate
profits and then on personal income when profits are distributed
as dividends. The situation is somewhat improved with an "S" corporation,
in that corporate profit can flow through personal income, thereby
subjecting it only to single taxation. The problem with "S" corporations
is that they are fairly restricted and therefore lack flexibility.
NOTE:
With an LLC, profits are taxed as they would be in a
partnership, only once, at the personal level.
How does an LLC
maximize tax advantages?
A key feature of incorporation
is the "corporate shell" placed around assets owned by
the corporation, making them separate and distinct from personal
assets. With corporate status, and individual's personal assets
are for the most part protected. In a partnership, this protection
is given up, usually to secure the tax advantages of partnership.
NOTE:
The exciting thing about an LLC is that it provides full corporate
protection even while giving the tax advantage of a partnership.
Does an LLC provide
shareholder flexibility?
In a "C" corporation anyone,
or any number of entities may be shareholders.
In an "S" corporation, there may be no more than 70 shareholders,
and no foreign or corporate shareholders. In a partnership there must be at
least one "general" partner, who has full liability and any number
of "limited" partners, who have liability limited to their investment,
but may also have no involvement with the management of the company. Even this
degree of protection is not allowed in every state.
With a Limited Liability Company there may be any number of members and they
may be foreign or they may be corporate.
NOTE:
An LLC has all the flexibility of a "C" corporation that
is lacking in an "S" corporation and a partnership.
Is an LLC widely
accepted?
Virtually every state
has adopted them and many thousands have been formed so far. Business
Week calls it a "safer strategy for small business."
Why a Delaware
LLC?
In keeping with its
innovative and "corporation friendly" tradition, the
State of Delaware recognized and adopted Limited Liability Companies
fairly early and has experience and a proven track record in adjudicating
legal matters involving LLCs. A Delaware LLC combines the best
advantages of a Delaware corporation and limited liability corporate
status.
Why Inc. Plan (USA)?
Like the State of
Delaware, we have a track record. We offer the very best personalized
service at the lowest cost. Incorporations are our business, and
we understand how to meet your incorporating needs in a way that
will satisfy you completely. Over one third of our new business
is referrals from highly satisfied clients: we know how to meet
your needs in a prompt, efficient way.
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