Q: What is an LLC? And why do you recommend it over a sole proprietorship?

An LLC also adds legitimacy to your business, which can add credibility when dealing with lenders, partners, vendors, and customers or clients.

A sole proprietorship doesn’t offer these benefits.

Q: There are so many things to worry about when starting a business. Why do you recommend forming a limited liability company or LLC?

And not dealing with the structure can cause a myriad of headaches, not to mention lost opportunities for tax savings down the road. 

One of the most effective ways to protect yourself and your business is to form an LLC, where you’re the only owner. Forming an LLC from the beginning is as simple as it gets. It also provides a direct pathway for future tax-saving opportunities as you grow, not to mention the legal liability shield it can create.

Q: Why is this important at tax time?

Establishing an LLC at the beginning allows you to future-proof your business. That’s because LLCs are some of the most flexible entities that exist. They have the unique ability to change how they are taxed. 

For instance, as an LLC grows, it can evolve into an S corp, if that provides a tax advantage. It’s important to note that if your business is an LLC currently taxed as a sole proprietor and you discover down the road that switching to an S corp could yield greater tax savings, you can change the tax structure and take advantage of these savings with a simple election. And just as important, you can do this without completely reframing your business operations, such as registering for a new Employer Identification Number or EIN, payroll registrations, and licenses, among other changes. You can’t, however, incorporate a sole proprietorship without reregistering the business.

Q: Should I consider forming an S corp instead?

Most businesses don’t need the S corp structure initially. But that could also happen down the road, and an LLC provides that flexibility.

Q: How do I set up an LLC?

Q: If my company is set up as a sole proprietorship, how do I switch it to an LLC?

It’s best to have an attorney draft your operating agreement, but you may be able to find and use boilerplates that exist for LLCs with one owner, known as single-member LLCs. You may also need to file for an EIN for the LLC to open a bank account in your company’s name. 

Remember, the IRS will continue to view the LLC as a sole proprietorship by default, so you wouldn’t affect the tax classification of your company at this point without further election. Lastly, get yourself connected to a tax professional who is well versed in business tax and financial matters.