LegalMatch Free Legal Advice Forums  
Find A Lawyer Now!
Legal Forum
Go Back   LegalMatch Free Legal Advice Forums > Business Law Forum > Buying, Selling or Starting a Business
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


  Find a Lawyer Now By Category:
  Family & Divorce Criminal Defense Job & Employment Personal Injury
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers
LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 07-14-2007, 07:52 AM
Junior Member
 
Join Date: Jul 2007
Posts: 1
LLC vs S-corp: what is best for me?

thanks for the help guys

Last edited by lawdoc : 07-19-2007 at 03:59 PM.
Reply With Quote
Find Buying, Selling or Starting a Business lawyer
  #2 (permalink)  
Old 07-14-2007, 10:36 AM
Senior Member
 
Join Date: Nov 2006
Posts: 465
Quote:
Originally Posted by lawdoc View Post
Hi, I'm in Florida:


Summary is at the bottom if you don't want to read the whole post

Hi,

I own a property which is vacant for quite some time. I was recently approached by someone who owns a mobile business but wants to provide his services on a larger scale from my property. He is interested in splitting the expenses/profits 50/50 amongst the two of us.

I am currently in the planning stages and have read up a little on forming corporations but still can't decide whether to go with an S-corp or LLC.

From what I have read, LLC is easier to manage and cheaper as well and S-corporations are for larger scale businesses.

Mainly I want to protect myself and property from any major losses.

What would be the most efficient way for me to incorporate? LLC or S-corp

Also, the future partner has agreed to give me a certain set % of his mobile service profits. How would I be able to incorporate this into a contract?

His mobile business will have a similar name to the corporation we are forming together.

Also, I want to make sure I won't be taxed two times because I will have the corporation lease the building from myself.

Summary:

I own a property and someone wants to partner up and start a business with me. I want to make sure my property is protected. Is LLC my best choice? We plan to split profits/expenses 50/50.

Also,

what should I choose: Limited Liability Purpose (Check one)
Any lawful purpose.
If a "Professional Limited Liability Company," list specific purpose below.

Do I have to form a P.L.L.C. for an automotive related business or can it just be a normal llc?


Thanks for your time!
I think a certified business tax accountant can best answer your questions regarding the type of entity you're looking for. http://www.irs.gov/businesses/small/...=98359,00.html briefly describes each type of filing status you mentioned; there are some publications also available online as well. There's also this link, which I believe may be more along the lines of what you're asking: http://www.sba.gov/smallbusinessplan...ure/index.html. Your questions are of such a specific nature that I can't help but recommend you first confer with a good tax accountant to narrow your choices but then follow up with a consultation with a business lawyer in your jurisdiction before you agree to do anything. (It might not be a bad idea to think about finding yourself a company accountant as well.)

I think you're very wise to think so far ahead and ask so many questions; I simply wouldn't recommend you do it alone.

Good luck.
Reply With Quote
Find Buying, Selling or Starting a Business lawyer
  #3 (permalink)  
Old 08-07-2009, 02:48 PM
Administrator
 
Join Date: Apr 2005
Posts: 360
LLC's vs. Corps

This is an informative article: Corporations, LLCs, Partnerships, Etc. Lawyers
Reply With Quote
Find Buying, Selling or Starting a Business lawyer
  #4 (permalink)  
Old 08-27-2009, 12:14 AM
Member
 
Join Date: Jun 2009
Location: Colorado
Posts: 105
Let's take this apart step by step:
First he needs an agreement with the potential partner about "leasing" the property to the new company being formed.
Then, in the agreement, the profit/loss percentage to each partner and responsiblities.

The "contract or operating agreement" then gets signed and attached to whatever filing they agree to do as an attachment and filed with the articles or llc papers.

Now, I personally would want a LLC to protect my personal property (that's being leased by the entity), from ever being liable for whatever reason.
The partnership can state in the operating agreement how the profits/loss will be addressed.

Tax time, the partnership gives schedule K's for each partner based on the companies profit or loss, which keeps them out of Schedule C returns that are highly auditable.

I still think he should be a partner in the "mobile" thing and take a percentage of profits, but lease the land to the company and take that income for himself.
Reply With Quote
Find Buying, Selling or Starting a Business lawyer
Reply

« Previous Thread | Next Thread »

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 01:57 PM.

County Lawyers | Attorney Search by City
DWI Lawyers | Estate Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers
Personal Injury Lawyers | Child Visitation Lawyers | Child Custody Lawyers
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Product Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.