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The Benefits of LLCs and LLPs

Limited liability corporations (LLC) and limited liability partnerships (LLP) are two new business entities created to mix some of the properties of corporations, partnerships, and sole proprietorships. They have several unique benefits for emerging companies.

Benefits of LLCs
An LLC is a hybrid organization that has characteristics of both a corporation and a partnership. Its members — comparable to corporate shareholders — receive interests in the LLC in exchange for property, money, or services.

Like a corporation, an LLC is a separate legal entity that limits the liability of its members. However, it has the tax benefits of a partnership. LLCs are also free of many of the legal requirements that govern corporations; this includes annual reports, director meetings, shareholder requirements, and so on.

For a time, almost every state required an LLC to have two or more members, but that is no longer the case. This important change came in response to revised IRS regulations that clearly permit single-member LLCs. As a result, in most states, if you plan to be the sole owner of a business and you wish to limit your personal liability, you can choose between forming a corporation or an LLC.

Benefits of LLPs
A limited liability partnership (LLP) is simply a general partnership whose partners enjoy some protection from personal liability.

It is not a separate entity for income tax purposes — profits and losses are passed through to the partners. Typically, though, a partner in an LLP is personally liable only for his or her own negligence or that of an employee working under the partner's direct supervision. The partner isn't personally liable for the negligence of anyone else in the firm. That's helpful, but as a partner in an LLP, you're still personally liable for a large variety of partnership debts not involving your own negligent acts — for example, obligations owed to business creditors, lenders and landlords — regardless of which partner incurred the obligation for the partnership.

In addition, make sure to read these articles:

  • Limited Liability Company (LLC) Basics
  • If you want your business to have the flexibility and tax advantages of a partnership while maintaining the limited-liability benefits of a corporation, consider forming ......
  • What is an LLC?
  • What is an LLC? Someone said I should structure my business as an LLC. An LLC is shorthand for a "Limited Liability Company." It is ......
  • Advantages and Disadvantages of Limited...
  • A limited partnership differs from a general partnership in the role and responsibilities of the partners. Let us explain how this type of partnership functions ......
  • Are You Personally Liable for a Business Loan?
  • Personal liability for a loan is contintent on the type of business. Learn more.
  • IRS loses SE tax challenge.
  • Ever since Congress issued its infamous order to Treasury to halt the issuance of self-employment (SE) tax regulations (Prop. Kegs. Sec. 1.1402(a)-2(d)), practitioners have been ......
  • Applying the SE tax rules to LLC members.
  • According to an IRS official and a national issue specialist in its Examination Specialization Program, until the Service issues further guidance, it will not challenge ......
  • The LLP: About to take off
  • HEADNOTE John Davies considers the options available upon the launch of the Limited Liability Partnership, the hybrid of the Limited Company and the Partnership, which ......
  • Station Club Owners Personally Liable For $1.06...
  • A Rhode Island Workers' Compensation Court has held the owners of the Station club personally liable for a $1.06 million penalty for failing to carry ......
  • Tips: Incorporating
  • Choose the Correct Corporate Structure There are three types of corporations: S corporations, C corporations and limited liability corporations (LLCs). C corporations are taxed twice: ......
  • LLCs and the sec. 465 at-risk rules with DROs.
  • Does a limited liability company (LLC) operating agreement, with a deficit restoration obligation (DRO) enforceable under state law, increase members' amounts considered at-risk? Under Sec....
  • Onus issue
  • HEADNOTE The duties of directorship are not to be taken lightly. James Thorby explains why you should think very carefully before accepting a position on ......
  • What a CPA should know before a business fails.
  • As red ink invades corporate earnings reports, management is showing more interest in such ominous topics as limited liability and its archenemy, piercing the corporate ......
  • Minimize Liability, Maximize Success
  • HEADNOTE Protecting your company from liability claims is vital to its success In today's market, homeowners are electing to build custom homes that are tailored ......
  • What Is an LLP?
  • Limited Liability Partnerships (LLPs) are very popular business structures for a variety of reasons. But there are some disadvantages of which you should be aware.
  • Taming the beast of liability.
  • Litigation claims against the accounting profession have had a disastrous impact over the last several decades. The profession has long sought relief from what many ......