Legal Question in Business Law in New Jersey
I am forming an online company with a friend, and we are unsure of the best business structure to pursue. We were thinking that an LLC would make things simpler for us than the other structures, but we our long term plan is to sell the business once it is successful. Is an LLC still the best structure.
3 Answers from Attorneys
The Limited Liability Company is the best choice, especially since you are planning on selling the business as an exit strategy. Most business buyers only buy the assets, not the entity. Since regular ( also known as "C" corporations) are subject to double tax - both at the corporate and shareholder levels, you want a pass-throough entity. The LLC provides pass-through tax treatment and liability protections.
You need a good tax and business attorney to help you set-up the business and the operating agreement.
I hope this helps!
Ron Cappuccio
www.BusinessEsq.com
Possibly, but you should also consider an S-Corporation, which is also taxed as a pass-through entity. It can be easier to transfer ownership interests in an S-Corp than a limited liability company, however the administration and recordkeeping is higher in an S-Corp. I agree that you should review your situation in more detail with a qualified business attorney and CPA.
Good luck.
I agree with the other attorneys who responded, LLC might be best, but you need to check out S-Corp.
You really need a good lawyer and good accountant.
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