Should I have set up my one-person Event Planning company as an LLC instead of an S-Corp?

Business 4 views 1 answers
I recently started my own company (September 2013) and opened it as an S-Corp. After owing money in taxes this year (even though I didn't make a true profit), I'm beginning to re-think my decision. I'm also concerned that as a one-person company, I may have initially thought I'd need the S-Corp Status, but I'd really be better off as an LLC. I also heard that you can incorporate as an LLC that gets taxed as an S-Corp, which may be better. Anyway, I'm a SMALL business, probably won't expand for another 3 years or so, and I'm looking for a minimally work-intensive way to manage my company. What do I need to know about LLC's versus S-Corps from a legal and liability perspective? Which is more advantageous for me? And Is it hard to switch from an S-Corp to an LLC at this point?

Attorney Answer

1
Steven Hollingworth ·
The choice of entity for a new business can involve a complex analysis of multiple factors, but here are a few thoughts to consider. As a one-person company, you might have been better served to have formed as a single member LLC. A single member LLC gives you similar creditor protection as a corporation, and probably superior. However, because by default a single member LLC is generally disregarded for federal income tax purposes you would in many cases have better tax treatment, or at least greater flexibility if you needed to change your business form later. For example, an LLC can elect at any time to be treated as either an S or a C corporation, usually on a tax free basis. Going the other direction is a taxable transaction. For example, if you converted your S corporation to an LLC that is a disregarded entity, that would be deemed to be a taxable liquidation of the corporation, and you would recognize gain or loss to the extent the corporation holds any assets.
0 upvotes

People Also Asked