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.


Asked on 9/25/09, 5:13 pm

3 Answers from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

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

Read more
Answered on 9/30/09, 5:33 pm
Daniel Pepper Pepper Law Group, LLC

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.

Read more
Answered on 9/30/09, 5:36 pm
Robert Davies The Davies Law Firm, P.A.

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.

Give me a call if you would like to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 10/01/09, 9:46 am


Related Questions & Answers

More Business Law questions and answers in New Jersey