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Business Formation Attorneys Ready To Position Your New Enterprise For Success And Growth

Will You Form A Partnership, LLC Or LLP?

One of the most important decisions that must be made when an entrepreneur first decides to start a business is the choice of business entity. Illinois law allows a business owner to select from a variety of business entities, each with their own advantages and disadvantages. The most common forms of business entities in Illinois are corporations, limited liability companies (LLC) and limited liability partnerships (LLP).

Pros And Cons Of Business Entities You May Form

At Bruckert, Behme & Long, P.C., we will personally discuss the advantages and disadvantages of each business structure for your particular business. Among those items will be the type of limited liability offered by each structure as well as the tax effect offered by each. For example, a typical corporation offers limited liability for its shareholders for contract obligations of the corporation if the necessary corporate formalities are followed, such as electing directors and officers and conducting annual meetings. However, an LLC offers its owner (members) limited liability for these obligations without the necessity to have the formal structure required in a corporation.

Tax Considerations

In addition to the decision on liability, tax consequences are a very important consideration when determining the type of business structure to utilize. A typical corporation (C-Corp) may have the unintended consequence of double taxation because the profits of the corporation are taxed at the corporate tax rate and then taxed again as income to the shareholders when dividends are distributed. On the other hand, an LLC has a pass-through tax structure. With a pass-through tax structure, the profits (or losses) are divided equally among the owners for inclusion on each owner’s personal tax return. The profits for an LLC are not taxed at the company level.

Talk To An Experienced Business Formation Lawyer

At Bruckert, Behme & Long, P.C., we will discuss these items, as well as many others, with you prior to setting up the best business entity for your new business. We are happy to offer most business formations for a flat fee. From law offices in O’Fallon and New Baden, Illinois, we serve the St. Louis Metro East region and beyond. To schedule a consultation with one of our attorneys, email us or call 618-624-4221 or 866-901-6137 toll free.

Practice Areas

Estate Planning

Business Law

Buy/Sell Agreements

Municipal Law

Real Estate Law

Family Law