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The limited liability company ("LLC") has grown to become one of the most prevalent business forms in the United States.
Even the use of a single member LLC affords greater protection for the assets of the member, as compared to operating as an unincorporated entity.
This article is about the United States of America-specific business entity form.
For limited liability companies, see Limited company.
After electing corporate tax status, an LLC may further elect to be treated as a regular C corporation (taxation of the entity's income prior to any dividends or distributions to the members and then taxation of the dividends or distributions once received as income by the members) or as an S corporation (entity level income and loss passes through to the members).
Some commentators have recommended an LLC taxed as a S-corporation as the best possible small business structure.
Simply forming a LLC in any state may not be enough to meet legal requirements, and specifically, if a LLC is formed in one state, but the owner (or owners) are located in another state (or states), or an employee is located in another state, or the LLC's base of operations is located in another state, the LLC may need to register as a foreign LLC in the other states it is "transacting business." If there is only one member in the company, the LLC is treated as a "disregarded entity" for tax purposes (unless another tax status is elected), and an individual owner would report the LLC's income or loss on Schedule C of his or her individual tax return.
Thus, income from the LLC is taxed at the individual tax rates.
Thus, more tax savings often result if a business formed as an LLC rather than a corporation.LLCs are well known for the flexibility that they provide to business owners; depending on the situation, an LLC may elect to use corporate tax rules instead of being treated as a partnership, In certain U. states (for example, Texas), businesses that provide professional services requiring a state professional license, such as legal or medical services, may not be allowed to form an LLC but may be required to form a similar entity called a professional limited liability company (PLLC).A limited liability company (LLC) is a hybrid legal entity having certain characteristics of both a corporation and a partnership or sole proprietorship (depending on how many owners there are).It combines the simplicity and flexibility of an LLC with the tax benefits of an S-corporation (self-employment tax savings).
Although there is no statutory requirement for an operating agreement in most jurisdictions, members of a multiple member LLC who operate without one may encounter problems.
As long as the LLC and the members do not commingle funds, it is difficult to pierce the LLC veil.