LLC & Corporation FAQs
Q: What is the difference between an LLC and a corporation in California?
A: An LLC (limited liability company) and a corporation are both types of businesses that can protect their owners from being personally responsible for the business’s debts and lawsuits. The main difference is how they are taxed and managed. An LLC does not pay taxes as a separate business, but passes its profits and losses to its owners, who report them on their personal tax returns. An LLC can also choose how it wants to be run, either by its owners or by other people they choose. A corporation pays taxes as a separate business and has its own owners, directors and officers. A corporation has to follow more rules and formalities than an LLC.
Q: How do I start an LLC or a corporation in California?
A: To start an LLC in California, you need to fill out a form called Articles of Organization and send it to the state government with a fee of $70. You also need to have a written agreement among the owners of the LLC, which sets out the rules and responsibilities of the business. To start a corporation in California, you need to fill out a form called Articles of Incorporation and send it to the state government with a fee of $100. You also need to have written rules for the corporation, called bylaws, and give shares of stock to the owners.
Q: What are the benefits of starting an LLC or a corporation in California?
A: One of the main benefits of starting an LLC or a corporation in California is that it can protect your personal assets from the business’s debts and lawsuits, unless you act fraudulently or illegally. Another benefit is that it can make your business look more professional and trustworthy with customers, suppliers and investors. Also, starting an LLC or a corporation may save you some taxes, depending on the type and size of your business.
Q: What are the drawbacks of starting an LLC or a corporation in California?
A: One of the main drawbacks of starting an LLC or a corporation in California is that it involves more paperwork and costs than running your business by yourself or with a partner. For example, an LLC or a corporation has to file annual reports with the state government and pay annual taxes and fees to the state and federal governments. Another drawback is that an LLC or a corporation may have to follow more laws and restrictions than other types of businesses, such as zoning laws, environmental laws and securities laws.