Earlier quoted context omitted.
> pay the $800 annual fee whether or not you have any income Really? In the 2 states I've lived in, there is no annual fee for LLC's. I'm curious what the reasoning behind having a fee that large is.
If California can tax it, oh they will tax it.
How to form a California LLC without a lawyer
81–90 of 200 posts
Re: How to form a California LLC without a lawyer
#82Earlier quoted context omitted.
Seconded. Filing the 1040 is straightforward compared to the 1120S, and the minimum taxes are real (my experience was NYS, with incorporation in NH for historical reasons). The 1040 instructions are maddening but nigh-complete. A thoughtful person with enough time on their hands has a prayer of figuring out even relatively subtle tax issues. The 1120S instructions as recently as ~2015, on the other hand, feel like va…
The calculation of business income tax really is that simple... It only gets complicated of you want to make it complicated.
Re: How to form a California LLC without a lawyer
#83S corps are generally preferable to LLCs if you are eligible to form one, but it also depends on your goals, i.e. if you intend to raise money, you need an LLC or C Corp. I formed an S corp for my personal protects for tax reasons. I also used legalzoom, because it's good enough for most small businesses. (And even big ones; Panda Express is an S corp.)
Re: How to form a California LLC without a lawyer
#84What SaaS product is everyone using for forming companies nowadays? Stripe Atlas? Clerky? Gust?
Re: How to form a California LLC without a lawyer
#85The article claims as a second benefit of an LLC: > 2. Tax benefits. You can deduct qualified business expenses from the total income of the business. Here’s a simple example: If you spent $1,000 on servers and your website made $10,000, then you’ll only pay taxes on the $9,000 in profit. You don't need an LLC to deduct such expenses. Even sole proprietors can deduct business expenses against business profits.
Indeed anyone self-employed, full-time or part-time. A LLC just (hopefully) gains you liability protection and perhaps a bit more legitimacy, in return for a big fee in California.
Re: How to form a California LLC without a lawyer
#86Earlier quoted context omitted.
> they will get their $800 regardless California law is convoluted and Californian courts slow. That makes doing almost everything with a California LLC more expensive than with a Delaware LLC. The only reason to form a California entity is if you’re doing business with the state.
If you live and work in California, you are doing business with the state. You aren't going to avoid that, no matter how hard you try.
In a revenue sense, e.g. if you are contracting with the state. Paying California taxes is about equally easy for a California resident, New York resident or Delaware entity.
Or if you’re operating a small business unlikely to ever need to use the courts or raise outside capital, and the extra ~$300 for a Delaware entity isn’t worth the benefits.
Re: How to form a California LLC without a lawyer
#87Earlier quoted context omitted.
See: https://denhalaw.com/can-you-protect-yourself-with-a-single-... Courts in a variety of states have “pierced the veil” of a single-member LLC from the outside and have held that it is not a separate entity and thus may not be used to protect the assets of the LLC from the creditors of the member. You get liability protection, yes, but not as much as you would if you had one more member. The veil can be pierced fo…
I think this is interesting in that I don't know many people who view LLC's protections this way. The classic example is that if your rental property is in an LLC, then your tenants can't win a suit and get to your own personal house. These examples of piercing the veil are from the other direction - a personal suit getting access to the LLC assets... Which sort of makes sense - the alternative would be the court ord…
Re: How to form a California LLC without a lawyer
#88Re: How to form a California LLC without a lawyer
#89Earlier quoted context omitted.
> they will get their $800 regardless California law is convoluted and Californian courts slow. That makes doing almost everything with a California LLC more expensive than with a Delaware LLC. The only reason to form a California entity is if you’re doing business with the state.
If you live and work in California, you are doing business with the state. You aren't going to avoid that, no matter how hard you try.
Re: How to form a California LLC without a lawyer
#90I have a California LLC and wish I didn't. It has been nothing but an albatross around my neck. I am almost certain I will shut it down at the end of this year. Look, if you're reading articles like this one, don't do it. Just don't do it. Get competent legal and accounting advice first. I formed my LLC four years ago when an interesting contracting project came my way. I'd worked as a 1099/Schedule C contractor in t…
It’s almost as though that is all by design, put in place by state legislators who are owned by big corporations that want to keep their primary labor pools enslaved under the W2 regime.
I think all the labor / socialist parties may have gotten it wrong - the worker’s revolution would never be realized through labor unions etc, but rather by organizing incorporation and all the benefits it confers upon the individual. Let every man, woman and child be their own corporation. Wouldn’t that be a different form of capitalism to behold.