“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:

  • To domicile Real Estate Investment Properties.
  • For companies that have partial (or total) foreign ownership.
  • To replace Limited Partnership agreements.
  • 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 filing and service fee must be paid before filing. Inc. Plan (USA) provides Registered Agent service at no cost for the first 6 months.


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.

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.

A key feature of incorporation is that corporate assets are 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.

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.

Virtually every state has adopted them and many thousands have been formed so far. Business Week calls it a “safer strategy for small business.”

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.

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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About the Author

Jacques Luben

Jacques Luben is a graduate of the University of Pennsylvania and holds an MBA degree from Columbia University. He has occupied management positions at Merrill Lynch and Morgan Stanley in New York City. In addition, for 15 years, he served as the Executive Director of Platinum Guild International (USA), a leading mining trade association with offices in six countries.


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