How to set up LLC

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Rdcowart

Senior Member
Location
North Carolina
Occupation
Electrical license Holder
I’m trying to figure out how to set up as a LLC. Right now I’m set up as a sole proprietorship. I know that an LLC is the way to go for taxes and for the protection of my personal Assets. I’m just confused about how to set it up. I know I can hire lawyers to do this for me but that is costly and I’m just getting started. Any advice is greatly appreciated. Thanks
 

Dennis Alwon

Moderator
Staff member
Location
Chapel Hill, NC
Occupation
Retired Electrical Contractor
I’m trying to figure out how to set up as a LLC. Right now I’m set up as a sole proprietorship. I know that an LLC is the way to go for taxes and for the protection of my personal Assets. I’m just confused about how to set it up. I know I can hire lawyers to do this for me but that is costly and I’m just getting started. Any advice is greatly appreciated. Thanks

We are contractors not cpa's or lawyers so I strongly advise you to get it set up by a professional and then go from there
 

infinity

Moderator
Staff member
Location
New Jersey
Occupation
Journeyman Electrician
I'm an electrician and not an attorney so for me hiring one to set up an LLC is the only option. You might find some resources online. I would consult an accountant also. Back in the day when I was contracting the rage was S corps for the tax benefits most of which are now obsolete so you should explore both the legal/liability and tax implications of whatever type of business you choose.
 

Greg1707

Senior Member
Location
Alexandria, VA
Occupation
Business owner Electrical contractor
Setting up an LLC

Setting up an LLC

It is very simple to set up an LLC. That is why many websites only charge $50 or so. All that is required is to download an application from your state authority. Fill out the form and return with a check. FYI, there are no tax advantages to being an LLC vs. a sole proprietor. Profit and losses from an LLC are transferred directly to schedule C of your personal tax return.
 

Adamjamma

Senior Member
Actually... the big part of the LLC is not the taxes but the insurance benefits... it takes more lawsuits and attorney money to attach your home and personal accounts to a lawsuit should you screw up because the LLC is its own business... I had my own taxnumbers and paid fees yearly for what they called alias registration to run my business in the 90’s as a separate entity
 

hbiss

EC, Westchester, New York NEC: 2014
Location
Hawthorne, New York NEC: 2014
Occupation
EC
Adamjamma said:
Actually... the big part of the LLC is not the taxes but the insurance benefits... it takes more lawsuits and attorney money to attach your home and personal accounts to a lawsuit should you screw up because the LLC is its own business... I had my own taxnumbers and paid fees yearly for what they called alias registration to run my business in the 90’s as a separate entity.

I have no idea what you are talking about and I really have no interest in what happens in Jamaica. I really wish you would stop dragging it into every topic.

Truth is, here an LLC offers limited protection from lawsuits. Most suppliers will want a personal guarantee that you will pay, so right there that sidesteps your LLC. If you screw up and somebody gets hurt or dies they will go after you personally, so your LLC is useless there. I don't know what else is left that you could mess up that wouldn't be covered by proper insurance. My advice is to talk with an attorney and an accountant because each state can be slightly different and much depends on you financial situation. A few minutes of their time shouldn't cost much and will get you the answers you need.

-Hal
 

Adamjamma

Senior Member
Actually, I was set up in Virginia, in the USA in a different business and had to set up an LLC and get my business tax numbers from the IRS, along with filing Alias permits in three jurisdictions in Virginia, so that my business could legally operate in those three jurisdictions. This was so that if any of my thirty employees did something stupid, or if I did something stupid, the liabilities of the stupidity would not put my kids on the street, which is one of the liabilities of a normal sole proprietorship.
Laws are different in the UK and in Jamaica. But in all cases the use of a limited liability business entity compared to a basic sole proprietorship will take a little money to set up, and get used to, and you should, as stated above, get proper help setting it up both for legal and tax reasons.
Just because I am studying the codes at my age does not mean I have not been in businesses of various types in the past. In the nineties I made quite a bit of money every spring from something called HRBlock... so yes, I do know sometimes more than I seem to.
 

Adamjamma

Senior Member
And your LLC does not protect you totally from lawsuits. Even being an employee legally of a fully listed on the stock exchange company does not cover you sometimes. But, proper lawyers can use certain aspects of LLC laws to help you and there is a protection of personal assets as long as you maintain the legal separation of income... which in the case of my business in the nineties meant I received a paycheck from the LLC, and a profit bonus at end of year, rather than being able to clear all the monies every week that came in. All as told by my financial advisor...
That said, three driver accidents, two other blown motors and a fire put me out of business.. but the ex kept a house for the girls...
 
It is very simple to set up an LLC. That is why many websites only charge $50 or so. All that is required is to download an application from your state authority. Fill out the form and return with a check. FYI, there are no tax advantages to being an LLC vs. a sole proprietor. Profit and losses from an LLC are transferred directly to schedule C of your personal tax return.

I have no idea what you are talking about and I really have no interest in what happens in Jamaica. I really wish you would stop dragging it into every topic.

Truth is, here an LLC offers limited protection from lawsuits. Most suppliers will want a personal guarantee that you will pay, so right there that sidesteps your LLC. If you screw up and somebody gets hurt or dies they will go after you personally, so your LLC is useless there. I don't know what else is left that you could mess up that wouldn't be covered by proper insurance. My advice is to talk with an attorney and an accountant because each state can be slightly different and much depends on you financial situation. A few minutes of their time shouldn't cost much and will get you the answers you need.

-Hal

First, the laws vary from state to state so you cant generalize. Some states they are super easy, some are more complicated. In NY for example, there is a publishing requirement where you must publish the articles or organization in several newpapers designated by the county clerk of county were the LLC office is, get a affidavit of publication, yada yada. Not rocket science no doubt, but Ill just stick to electrical work and pay someone to do that. I have my NY LLC qualified in Montana so I can register all my vehicles and trailers there (I highly recommend this, unless you love your state's motor vehicle office, inspections, emissions, etc) and Montana is super easy: its just a single page form and like $75.

The other reason you may want a lawyer to setup an LLC is if you have several members. Its just more complicated and you want everything defined and laid out.

There are definitely tax advantages to LLC's. In case you have been under a rock for the last hundred or so years, this is america, the land of the corporation. Yes there are tax advantages. One thing your accountant should be doing is dividing the money receive into "income" and "rents". The IRS only cares to see a small minimum amount of "income" and the rest can be "rents" or "reimbursements" from the corporation. The latter is not subject to self employment tax, so that is a big one.

You can also do things like not have employees and instead have partners/members in the LLC. This saves all sorts of payroll hassle, workers comp, unemployment insurance, etc. LLC's are super flexible so you can bring people in and out easily.


Hal, my accountant, who is both a CPA and an attorney, said LLC's in NY offer "extraordinary liability protection".
 
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