Legal Question in Business Law in New Jersey
I am a business/life coach and I need to form a company but i'm not sure if i should form an llc, incorporate, s-corp or whatever other options there are. I will be working with small businesses, entrepreneurs and personal one-one clients. My services are consultative in nature. At first I will be the only member of my company. However, I would like to know that adding employees or consultants later will not be an issue. I want to protect my personal assets from the company. I also want the best/lowest tax structure for my type of company. What do you recommend? Also, someone said I should register my company in Delaware...what is the benefit of that?
2 Answers from Attorneys
It is likely that an LLC is the best form of business for you but you may want to check out the details of your situation with a business lawyer near you. You can also check my web site for a link to the course that I teach at Camden County College on starting businesses. It is unlikely that forming your business in Delaware would do much other than cost more money. DE is sometimes a better venue, but probably not for you.
See also: http://info.corbettlaw.net/lawguru.htm
I agree, as a one-member LLC you also do not have separate entity tax returns as corporations do (Sub-S or "C"), but only a separate schedule in your personal return. You could do the same thing in Delaware, although if your business is multi-state, you might have to registrer it in each state you conduct your business. Finally, while this type of entity will protect assets under most circumstances, be careful it is properly capitalized, you do not personally guaranty anything (like leases or equipment/supply purchases, etc.) and do not act improperly. LLCs will not protect you if you act negligently or in any manner that might allow you to be sued personally.
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