I'm a one woman show that rents kitchen space. The hubby really wants to protect personal assets so wants a LLC in place. Is this the best route for me? Only route for protecting personal assets? From what I read on line, it seems like a couple page form for filing the articles of organization with the state but, of course, hubby found all this other stuff that he thinks is needed for LLC (EIN, tax info, employee info etc). Does anyone know what you need to get the LLC in place - just the Art. of Org (plus publishing since i'm in NY) or is there a bunch of other forms too? Thanks for the help. This is very confusing. I'm thinking of going lawyer route but don't want pay them if it's just a 2 page form. Michele

I am in VA and am an LLC. I filed with the State Corp Comission in VA and got an EIN online... took about 10 minutes. From a tax perspective, since you are a single person LLC, you report your income like you are a sole prop. State tax might be a bit different.

To save attorney fees, you should look into your local small business development center... they should be able to help you for free/less than an attorney.

You can get your EIN via telephone M-F during regular business hours.

Call

1-800-829-4933

Theresa

I filed my LLC through legalzoom dot com, it was really easy. If you choose to file your LLC income taxes as a disregarded entity then your income just goes on the regular schedule C business income that you file with your personal income taxes.

If this is really confusing to you then you should definitely get some professional help with it.

You definitely can do all of this yourself, but I'll tell ya .... I slept MUCH easier knowing I had an attorney take care of it, researching the company name, filing EVERYTHING that needed filing (not just LLC paperwork ... lots of other stuff).

Martha Stewart said, "If you think you're saving money by NOT talking to a lawyer at the front end .... you'll pay for it at the back end."

I agree, it may seem easy to do it yourself, but an attorney experienced in business law/tax will make sure everything is done properly and thoroughly. I am a prosecutor, however because of my zero experience in business law, hired an attorney to handle my LLC.

To totally protect yourself, get the LLC filed (very easy to do online thru your state's website which should then pop you over to the IRS to get the EIN ), takes about 15 minutes total. As a LLC, you file your income tax on a schedule C with your personal taxes. Then get insurance. You need both to completely protect your assets.

Once you create your LLC, make sure to keep business activities and funds separate from your personal finances. If you do not treat the LLC as a separate entity, you can lose LLC protection.

More info:
http://www.llc-made-easy.com/piercing-the-corporate-veil.html

"Is this the best route for me?" is a question best answered by consulting a lawyer in your own state. (Or possibly a small business tax accountant.)

The actual process of forming the LLC is pretty simple, and if you go to a lawyer, chances are the paperwork will be largely handled by a paralegal or legal assistant, so you're not going to pay the lawyer's rate for filling out the Secretary of State forms. But there's more to it than filling out the paperwork, in terms of making sure you have done everything you should do to protect your personal assets from your business liabilities.

Many small business lawyers will offer you a flat fee for forming the business, and advising you on every step you need to take. And it is VERY true that not paying legal fees up front, when you're starting just about any kind of business venture, is all too often a false economy. I am a paralegal and I can't tell you how often my firm ends up charging FAR more for handling a lawsuit because the client thought he didn't need a lawyer to help write the contract!

We went the LLC route and thought we were all done. We talked to a lawyer to finalize some things and found out about some other forms that were required to be an LLC. Talk to a lawyer. Best advice I can give.