There's a right business structure for your company and many considerations on choice, the flexibility an LLC affords is unique
Whether an LLC or other type of business entity the a core decision which requires careful thought and deliberation as there are many advantages in each.
Consider this business structure for maximum options
- Choosing the right business entity is a critical decision, and the LLC is one option that affords a high level of flexibility to business owners.
- LLCs offer flexibility in terms of formation of the company, allocation of profits and losses, and retirement planning, among other areas.
- Always seek the professional input of your attorney and accountant before deciding if an LLC is right for your company.
Choosing the right business entity is a critical decision. After all, no one starts a business to be limited by constraints; that would be completely contrary to the entrepreneurial mindset. As such, its important to be mindful of the limitations of different business structures and to choose one which is conducive to the level of flexibility required by your business.
The Limited Liability Company (LLC)
The Limited Liability Company (LLC) is one such business structure, known for its adaptability based on the changing needs of the business owner(s). Like other business entities (LLP and C Corporation, for example), it shields the business owner from personal liability in the majority of cases. But unlike some other business structures, the LLC affords a significant amount of operational flexibility to the business owner.
Out of State and S Corps
One area where this operational flexibility comes into play is in the formation of the company. Many business entities an S Corporation, for example prohibit owners that are non-residents. That means that anyone who lives outside the state where the company is formed cannot own any part of the business, eliminating a large pool of investors and partners.
The LLC, in contrast, enables the business owner to obtain partners that are non-residents. If a business owner is looking to obtain investors in the formation stage, the flexibility of an LLC may be vital to getting the company off the ground.
LLCs Profit and Loss to Partners
Another common situation that the LLC is more accommodating toward than other business entities is in the allocation of profits and losses. In an LLC, profits and losses do not have to be allocated by ownership percentage.
LLCs allow for an operating agreement that assigns profit and loss flexibly between partners, an essential option in partnerships (such as in real estate or professional services) where contribution to the partnership varies from year.
About the author
Alexander J. Hart of Cuban American decent is principal and founder of Hart Vida Raffo. With over 25 years of experience, Alex specializes in the areas of tax strategy and planning, business process improvement, and capital consulting. Whether advising on capital and financing strategy or consulting for privately-held professional services firms, Alex has the expertise and practical know-how to help any company optimize their business processes and make tactical financial decisions. He began his career at IBM in sales operations and accounting. He was a Controller for the N.Y. Post, has been a CFO for a medical device company, and has written a tax column called “Ask the Tax Guys” for Micro-Cap Review. Alex is a professional member of A.L.T.A. (Affiliated Lawyers of the Americas), a member of the National Association of Tax Preparers, and is a contributing author and mentor at Latin Business Today. Alex graduated from St. John’s University with a B.A. in Spanish and his M.B.A. in Finance. He obtained his accounting degree from Pace University.Website