Legal Question in Business Law in New York
how do i change business structure from sole proprietor to llc in nys?
3 Answers from Attorneys
You must file Articles of Organization and complete the other necessary steps (i.e. operating agreement).
To further clarify: a sole proprietor is not a business structure. What you are looking to do is to create a new entity which will be a limited liability company (LLC). Please be advised that in New York State LLCs must publish which could be an expensive proposition. You should also consider starting a s-corp which provides the same tax benefits and limited liability and is not subject to the publication requirements.
Roman R. Fichman, Esq..
www.TheLegalist.com │ @TheLegalist
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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein.
As a Franchise Attorney I agree with the other attorney answers and only add this. You should talk to a CPA about the tax consequences of transferring sole proprietor assets to another entity, like an LLC or Corporation, as this may (and probably will) influence how the transaction is structured. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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