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Business School for Non-Business Minds: Inc or LLC?

Article Description:
====================

Owning a business can be complicated enough without having to
deal with all the confusing acronyms and abbreviations that
assault you at every turn. Take these two: Inc. and LLC. What do
they mean to you and your business?


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===============================

594 Words; formatted to 65 Characters per Line
Distribution Date and Time: 2008-04-23 08:36:00

Written By:     Melissa Mashtonio
Copyright:      2008
Contact Email:  mailto:[EMAIL PROTECTED]



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Business School for Non-Business Minds: Inc or LLC?
Copyright (c) 2008 Melissa Mashtonio
Manta
http://www.manta.com



Owning a business can be complicated enough without having to
deal with all the confusing acronyms and abbreviations that
assault you at every turn. Take these two: Inc. and LLC. What do
they mean to you and your business?

Well, if you plan to make money at the business, you’ll want to
protect that money, right? That’s where Inc. or LLC comes in.
These are your two choices for incorporating a business.

Why should you incorporate? Because if your business goes down
the drain for any reason, you don’t want to go down with it.
Basically, incorporation limits the liability business owners
face if a business fails. As for Inc. or LLC, it’s important to
understand what both are and the pros and cons of each.

LLC stands for Limited Liability Corporation, meaning the
business owners’ liability is limited.

The idea of limited liability originated in Germany in the late
19th century, according to the website Limited Liability Company
Reporter. By the 1940s, the idea had taken hold in 17
countries—but not the United States. In 1977, Wyoming became the
first U.S. state to enact an LLC act modeled after the German
statute. Other states eventually followed suit, though many of
the laws varied.

Most new businesses opt for LLC because it has tax advantages
over an Inc. LLCs don't suffer from the double-taxation issues
regular corporations face and they are the most flexible when it
comes to organization. For example, there are fewer rules
regarding who can be a shareholder. They also tend to be more
informally run than a regular corporation.

Before the LLC came around, small businesses were often organized
as partnerships and sole proprietorships—which did not
necessarily protect the business owners’ assets.

Earnings and losses pass through to the owners and are included
on their personal tax returns.

Among the disadvantages of an LLC: State tax law differences may
make operating across state lines difficult. An LLC also can't
go public, so if you're eyeing an IPO, avoid LLC.

The alternative to LLC is Inc., the abbreviation for
incorporated. The biggest advantage of Inc. over LLC is that an
Inc. can sell stock to make money. A new business can form a C
corporation or an S corporation. The biggest difference between
the two is how they are taxed.

C corporations face the aforementioned double-taxation in which
both the company and its shareholders are taxed. S corporations
are taxed like an LLC.

S corporations are most appropriate for small business owners and
entrepreneurs who want the legal protection of a corporation but
want to be taxed as if they were sole proprietors or partners.
According to press reports, the number of S corporations is
growing so fast it is surpassing the growth of C corporations.

Most new businesses opt for the S classification if they opt for
incorporation at all. But the rules of S classification are
narrow. For example, each stockholder must be a U.S. citizen or
permanent resident, and there can never be more than 75
stockholders. Only one class of stock can be issued—no preferred
stock. Banks, some insurance companies, and certain affiliated
groups of corporations are barred from the S class.

So a small business needs to choose between LLC and S
Corporation. Before deciding which sort of corporation to form,
it is best to consult an attorney who specializes in corporate
law.

Now that you have the basics, the next step is to meet with your
attorney and accountant and sort through the tax and
organizational ramifications and figure out what's right for
your company. 




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Melissa Mashtonio writes for http://www.manta.com the authority 
for finding 45 million free company profiles covering large to 
small firms worldwide--and their related industries and products.
Empowered with CRM tools, users compete smarter, accelerate sales
prospecting and partnering, and identify revenue opportunities 
faster. Use Manta.com to help you keep track of potential 
partners and competitors.



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