What is a Limited Liability Company? A Limited Liability Company (LLC) is simply a business entity designed to limit personal liability. A texas llc has the same powers as a partnership, corporation, or sole proprietorship. An LLC does not have the status of a partnership, despite being registered in many states.
Forming a Texas Limited Liability Corporation involves filing a simple certificate of organization with the state's Secretary of States ("SSD") for an upfront fee ("filing fee"). After being approved, an LLC member can now file an Operating Agreement ("OA") with the state for its official registration. The OAs generally cover all matters concerning the LLC such as its meetings, annual meetings, specific payees, rules governing LLCs, and turnover of memberships. The Operating Agreement is also referred to as the "venants and conditions" section of the Texas Limited Liability Company Certificate of Organization.
Why would anyone form an LLC in Texas? Aside from the very real need of having limited liability when doing business in the Lone Star State, the benefits of a limited liability company have been recognized by the United States courts as well. A Texas limited liability company is not required to provide for the IRS with its tax status. Instead, the owners are solely responsible for their texas llc's tax compliance.
Texas Limited Liability Company - FAQs
What exactly are the advantages of forming a Texas Limited Liability Company? Well, first of all, a limited liability corporation does not have to create an initial public offering of securities. This means that the LLC can effectively avoid the costly process of preparing and offering penny stock offerings. Also, Texas allows for unlimited membership and non-voting privileges, something that the rest of the United States does not allow.
Must read - How To Start A Real Estate Investment Company
Do I have to pay income taxes if I am a Texas Limited Liability Company owner? No, you do not have to pay income taxes on the profits of your LLC. Texas does however require that your LLC be filed with the state in which you register. If it should be discovered that you are an LLC, the IRS could initiate proceedings against you and force you to immediately return all of your profits to the state in which you registered. Even in the case of a sole proprietorship, this would happen if the IRS determined that you did not properly document your operation.
Do I have to pay self-employment tax on my Texas LLC? A Texas Limited Liability Company is treated like a sole proprietorship for self-employment tax purposes. It will be taxed like a sole proprietorship, as long as you elect to treat your LLC as a corporation. However, you will have to pay self-employment taxes on the earnings from your business, just as you would if you had a job. Self-employment tax will be figured into the employee's gross income and paid directly to you by the employer.
Is my Texas Limited Liability Company entitled to bearer shares? Yes, as long as your LLC is incorporated in the same state as you do business. It will be treated as a C corporation for tax purposes, though it will not be taxed as a partnership, because you will not have much of a liability if anything happens. However, it will be taxed like a sole proprietorship, for the liability and investment portions of your personal income tax return.
Are there any other things that I need to know about my Texas Limited Liability Company? Yes, there are several other things that you should become familiar with before you open up your business. The Texas Limited Liability Company laws are pretty complex, so it is a good idea to take the time to research Texas Limited Liability Company laws, as well as the Texas SLL filings that you need to do to register your business name and maintain the name. You should also have an operating agreement drafted and registered by a qualified attorney. Operating agreement allows you to outline your business's policies and objectives, as well as defining who will make important decisions for your business. If you have any legal questions regarding the operation of your business, including the filing of your articles of organization, you should consult a qualified Texas attorney.
Thanks for checking this blog post, If you want to read more blog posts about texas llc don't miss our homepage - Seosantour We try to write the blog bi-weekly