My question involves incorporating my business and the best way to go about it. I wear many different hats: executive security protection, armed security, private investigations; and now I’m venturing into the real estate business as well. I’m licensed in the aforementioned areas but not incorporated as a business entity and feel that I really need to do so to cover my behind. I know it seems outrageous to not be incorporated yet but I just haven’t gone down that path because with all the different roles I play I didn’t know the best way to incorporate.
Do I form different LLCs for each professional endeavor?
Do I form one C Corporation as an umbrella under which all my ventures fall?
What is the smartest, least-costly method to incorporate? (I’m out of Oklahoma).
I’m also a full-time military so I do all this on the side and want the income from my business end to fall under a different financial account and corporation. Any angles and directions that I can be pointed are always appreciated.
Thank you also to all of the veteran mentors who lend a great deal of their time and knowledge to us new guys so that we, in time, can bring it around full-circle again.
Each LLC you form will have the associated fees for filing the Articles of Organization as well as any annual fees. You’ll also have tax forms for each of them. Your security and private investigation seems closely related. Maybe you could form one for that aspect and another for real estate. You’re liable for things you personally do so when you do repairs on your own investment property, the LLC won’t shield you from liability like you would think.
C Corporations would have other tax implications whereas an LLC will pass thru to your personal tax return.
If you’re going to form an LLC, I recommend you simply fill out the Articles of Organization yourself rather than paying a company to do it for you. It’s a simple form so I don’t think there’s a good reason to pay a company to set this up for you. The important document will be your operating agreement which will state how your business will be run as well as address as many contingencies as you can think to put in there. An attorney would be useful for formulating a good operating agreement. The Articles of Organization will get you set up with Oklahoma for you to operate a legitimate LLC. You don’t have to have an operating agreement, but you should want one and banks will want a copy of it when they loan the LLC funds.
the liability protection of an LLC is intended to protect your personal assets from liabilities arising within the LLC. why would you want to put your personal residence inside the LLC? That’s where the liability is.
There are no “perks” of any entity structure. Business expenses are always deductible, and (contrary to what you hear on the legal zoom commercials) no entity will magically create new deductions for you.
2a. LLC is purely a construct of state laws. There is no federal tax code for LLC. Depending on your specific circumstances you can choose to tax the LLC as a sole proprietorship, partnership, S-corp or C-corp. To the IRS the LLC is an S-corp, etc, and IRS recognizes no difference.
Corporate stock is an “investment” that is available to satisfy judgement creditors. LLC membership (along with partnership interests) is personal property and is not available to satisfy creditors. Therefore, having a C-corp “umbrella” puts ALL of the enties at risk if you are personally sued, lose, and your investments (C-corp stocks) are given to the creditor. Now they own everything.
One is never protected from all liability. You will always be personally liable for your personal actions. No entity will prevent this. However, with proper planning you may be able to limit what assets are exposed.