Live data from Hacker News

Ask HN: Starting Your Own LLC?

news.ycombinator.com

51–60 of 114 posts

Re: Ask HN: Starting Your Own LLC?

#51
post #28

Earlier quoted context omitted.

Note that a single-person LLC can file taxes as a pass-thru entity, which is essentially the same as a sole proprietorship. You do still need to separate your finances/accounts/etc tho.

Being a single-person LLC usually doesn't give you any of the legal advantages of having an LLC in case you get sued.

This statement is obviously incorrect.

It’s literally the name of the thing, the two L’s stand for “limited liability”

Re: Ask HN: Starting Your Own LLC?

#52
post #25

It's also worth noting that you don't need an LLC to "channelize your creative endeavors". You can take money from other people for goods and services you provide without any legal structure behind it. IRS has forms to report such income (and related business expenses). A step-up is a DBA registration in your city hall. It's still just you, nothing changes from point of view of IRS, you can just use a name for your b…

LLC stands for limited liability company. What makes it different than a DBA is that a LLC gives you limited liability. If your LLC is sued, you're protected personally from losing assets. Regardless, many people don't need it and a DBA suffices until the liability gets too high.

Re: Ask HN: Starting Your Own LLC?

#53
post #36

Earlier quoted context omitted.

I am not a lawyer. But my understanding is that it does shield your personal finances to some degree.

Also not a lawyer but it seems unlikely. You can’t create a legal shell just to shield yourself from liability. There needs to be an actual entity. Or not, again not a lawyer.

Depends if you are keeping the entity and its finances separately. If you can demonstrate your finances are not commingled, they can be considered as separate and distinct even when reporting taxes as pass through.

So, for instance, document the seed money to the LLC, and any other money you put in, carry on the books. Similarly, pay yourself a salary or if doing “equity draw” again keep it full documented.

Never pay for personal things with company funds.

Re: Ask HN: Starting Your Own LLC?

#54
For more nuts and bolts: I'm a part-time law professor and do a fair amount of (pro bono) mentoring and lecturing for local academic institutions about "Startup Law 101." In lieu of handing out the slides, I maintain a Web page with summaries and links to further reading. [0]

(The page includes links to lots of HN discussions in this area; depending on how this discussion goes, I might add it as well.)

[0] https://www.oncontracts.com/startup-law/

Re: Ask HN: Starting Your Own LLC?

#55
So 4 years ago, me and a couple of partners decided to start an online website selling vaporizers. Our supplier told us he was using Stripe and so we applied for a seller account. I stupidly put my personal information to get up and running quickly. In the next few days, I get an email from Stripe that vaporizers are prohibited and they can't accept the payments. We were surprised but moved on since we couldn't do anything.

So we eventually scrape the project and I move on to a new website selling electronics. I signed up for a new Stripe account, but immediately got an email from stripe saying:

"our banking partners prohibit us from helping with payments associated with a business we've had to reject previously."

Has anyone faced this or had any recourse? This was 4 years ago and now I am pursuing building a SaaS using Stripe Connect and using Stripe Atlas. Whenever I reached out to Stripe back then, only response I got was decisions are final.

Are all those doors closed for me since I made a stupid mistake years ago?

Re: Ask HN: Starting Your Own LLC?

#56
post #28

Earlier quoted context omitted.

Note that a single-person LLC can file taxes as a pass-thru entity, which is essentially the same as a sole proprietorship. You do still need to separate your finances/accounts/etc tho.

Being a single-person LLC usually doesn't give you any of the legal advantages of having an LLC in case you get sued.

Being a single person LLC absolutely does gives you the legal advantages of an LLC, provided you maintain separation of personal and business, eg keeping business bank accounts and routing all income and expenses through them, keeping proper accounting books, signing contracts as the LLC and not as yourself, holding company meetings w/ minutes, etc.

In practice this protection isn’t worth as much as it is for larger businesses because, for example, any bank lending to a new single person LLC will require a personal guarantee anyway, and most single person LLC don’t have a lot of situations where they might incur a life destroying liability, like an accident in a warehouse or something, but that protection still definitely exists for single person LLCs.

Re: Ask HN: Starting Your Own LLC?

#57
post #28

Earlier quoted context omitted.

Note that a single-person LLC can file taxes as a pass-thru entity, which is essentially the same as a sole proprietorship. You do still need to separate your finances/accounts/etc tho.

Being a single-person LLC usually doesn't give you any of the legal advantages of having an LLC in case you get sued.

I talked to a lawyer about this and the feedback I received was while technically they might be able to sue to try and receive compensation even from your personal assets if you are a single-member LLC as long as you can show you were acting in good faith and as an agent of the company (i.e. you didn't personally guarantee the work and sign your name instead of the company's and you maintain distinct records and finances for the business), then it is unlikely to get approved in a court of law.

So an example here might be that you were working for a client and work wasn't fully completed on time. You made a good faith effort to get the work done, so while the company you were working for might be entitled to compensation from your LLC they can't come after your house.

Finally, let me caveat all this by saying that the standards for "piercing the corporate veil" vary by state and as always you should consult with a lawyer before making a final determination. Also, another work around is to form a multi-member LLC and hold formal annual meetings. This is normally enough for most states to consider the LLC as a separate distinct entity and prevent piercing of the corporate veil.

Re: Ask HN: Starting Your Own LLC?

#58

So 4 years ago, me and a couple of partners decided to start an online website selling vaporizers. Our supplier told us he was using Stripe and so we applied for a seller account. I stupidly put my personal information to get up and running quickly. In the next few days, I get an email from Stripe that vaporizers are prohibited and they can't accept the payments. We were surprised but moved on since we couldn't do an…

Yes, they are generally very stringent about these rule. I would suggest you use another provider such as Braintree.

Re: Ask HN: Starting Your Own LLC?

#59
post #28

Earlier quoted context omitted.

Note that a single-person LLC can file taxes as a pass-thru entity, which is essentially the same as a sole proprietorship. You do still need to separate your finances/accounts/etc tho.

Being a single-person LLC usually doesn't give you any of the legal advantages of having an LLC in case you get sued.

Not exactly...So for example say you owned a share of Apple, obviously you will not be liable for debts of the company by your nature as an owner and the company will not be liable for your personal debts as an owner. With the single member LLC you are still protected from the debts and liabilities of the company, but a creditor/judgment holder/lien holder could likely collect against the LLC and even potentially “foreclose” on your ownership interest and take over the company.

Best advice for anyone, especially a foreigner without SSN/ITIN, is to get a lawyer. Note for all foreigners, IRS changed their rules to get an EIN 5/10/19 and this is significantly delaying new foreign owned/controlled businesses.

Re: Ask HN: Starting Your Own LLC?

#60
One tip that's not specific to LLCs but that I nearly missed: don't forget to check if the city you're based in has its own business licensing/taxing requirements. For example, in San Jose you need to pay $150/year for a "business license", even if you're just working from home by yourself.
Post reply on HN