Legal Question in Business Law in Massachusetts

To LLC or Not

I am a licensed mental health counselor in MA, USA. I carry liability insurance. I am preparing to open a private practice part-time. Most colleagues I know do not LLC.

Is it necessary for me to become a LLC if I am the only practicioner? Also, where do I have to register my business name?


Asked on 1/15/07, 11:27 am

1 Answer from Attorneys

Re: To LLC or Not

An LLC (in your case professional LLC or LLP) acts in providing you limited liability from all creditors other than malpractice claims. If you are part of a group, you might want a PC or LLC so you do not incur liability for anothers malpractice.

Some Professionals us PC's and elect subs so that they can avoid some self-employment tax on their earings.

As to registering your business, if you are operating under a d/b/a, then you should register it with the town in which you intend to practice and you may want to obtain a federal employer identification number for the d/b/a. You should speak to your accountant on that matter.

If you have more questions, please do not hesitate to call me.

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Answered on 1/15/07, 11:47 am


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