LLC and C Corporation – Corporate entities in the United States can be categorized into two main categories: limited liability companies and C Corporations. These entities have varying features that are beneficial for different businesses.
What are LLCs?
An LLC refers to a business entity that combines the best features of a corporation, sole proprietorship and partnership into one. It provides its owners with various tax advantages and liability protection. An operating agreement is a contract stating the terms of a company’s operations. It typically states how the company will be run and how its partners will be paid. The endless possibilities of creating an LLC can be a blessing and a curse.
One has to consider the various contracts that are signed between the members of an LLC to understand how the company will be governed. On the other hand, C Corporations have more standardized features. These include having a board of directors and a common stock.
Can an LLC own another LLC? In short, yes. Usually, business owners who have multiple lines of business form a parent company or subsidiary to minimize their risks. These entities provide them with additional protection from potential financial disasters.
An LLC is intended to provide the founders with limited liability and the ability to transfer their responsibilities to the company itself. LLCs also offer what is called pass-through taxation. This allows the owner to pay taxes for their business with their personal income taxes.
What are C Corporations?
A C corporation is an abstraction layer that allows the owners and operators of a business to share in the company’s economic upside. The ownership of the company is computed by the number of shares.
Many companies that are household names, such as Google, are also known as C corporations. This type of structure allows individuals to own shares of the company without having to work at it.
C corporations are designed to provide limited liability. They do not have to provide shareholders with liability for the company’s debts and obligations. C corporations are also subject to corporate taxes. They are required to file their annual reports and pay taxes on their profits.
Differences Between LLCs and C Corporations
Although both types of companies are generally considered to be companies in the U.S., the country’s government and other third parties may not be as friendly toward C corporations as they are toward LLCs. This is due to the commercial advantage of C corporations over their local equivalents.
Both C corporations and LLCs are designed to limit the liability of their owners and officers. This type of structure allows the operators to avoid carrying out certain debts. Both C corporations and LLCs can be involved in contracts and can also own other companies. These two types of entities can also provide banking services.
IP and Assets
One of the main advantages of an LLC over a corporation is that it can freely transfer intellectual property (IP) and money between its members. This type of structure can also be used for side projects, as it doesn’t have to deal with the same tax issues that a C corporation would.
Many entrepreneurs choose to start their own companies through LLCs due to their flexibility and ability to support different sizes of businesses. Some of these include startups that are still in their early stages or those that are looking to scale up.
Although it’s conceptually possible to transfer ownership of a company from one entity to another through a C corporation, it can be very challenging to do so due to the various legal and recordkeeping issues that come with this type of structure.
Taxes
An LLC is considered a pass-through entity for U.S. taxation. Unlike C corporations, which are not required to file taxes, LLCs are required to report income on their owners’ personal income tax returns. This type of structure is very different from C corporations, which are required to file their own tax returns.
Money flowing through an LLC is subject to taxation at the level of its owners, while it is also subject to taxes when it passes through a corporation. The different treatment of LLCs and C corporations can have interesting implications for an operator’s financial situation.
Employee Ownership
Although it’s technically possible to give employees ownership of a company through an LLC, this type of ownership is not practical. C corporations have the necessary mechanics to allow employees to have equity in the company. This type of ownership is also supported by the tech industry.
While employees and advisors are more likely to be comfortable with receiving equity in a company than they are with becoming members of an LLC, this type of ownership can also have tax implications for the individual.
The choice between establishing an LLC or a corporation can have a huge impact on a small business’s financial situation and operations. To make an informed decision, you can hire a legal service like LegalShield. Aside from being able to raise capital, the choice also affects the time and effort that an entrepreneur puts into running their company.
