Ask Experts Questions for FREE Help !
Ask
    LinnieLou's Avatar
    LinnieLou Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 4, 2012, 03:53 PM
    LLC vs Sole Proprietor
    My husband does handyman work for a rental management company as a sole proprietor. They recently suggested to him he should become an LLC. I can not find any reason that this would be beneficial to him, and in fact, in FL he would actually have a yearly fee to pay. What am I not understanding? Is there any tax benefit when you are a one man show with very little expenses.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Jun 4, 2012, 03:58 PM
    I can think of liability, but I assume he carries a large liability policy anyway. But he fixes a stair, someone trips and sues him and the management company. His personal assests are protected as a corporation better.
    LinnieLou's Avatar
    LinnieLou Posts: 2, Reputation: 1
    New Member
     
    #3

    Jun 4, 2012, 04:06 PM
    Quote Originally Posted by Fr_Chuck View Post
    I can think of liability, but I assume he carries a large liability policy anyway. but he fixes a stair, someone trips and sues him and the management company. His personal assests are protected as a corporation better.

    That would make sense, however he subs from the sub contractor in doing little things, like yard work or painting, cleaning, things like that; nothing that even requires an actual occupational license in FL. Insurance would in fact cover any thing that I could foresee as a damage liability. Does an LLC get a 1099 like he does as a sole proprietor? I'm really puzzled as to why they are pushing this.
    MLSNC's Avatar
    MLSNC Posts: 158, Reputation: 17
    Junior Member
     
    #4

    Jun 4, 2012, 08:08 PM
    A single-member LLC is going to be taxed just like a sole proprietor unless you elect to be taxed as a corporation. And yes the LLC would be subject to the 1099 reporting requirement.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #5

    Jun 5, 2012, 05:40 AM
    Two other advantage of an LLC besides limiting the kind of liabilty that could be covered by insurance:

    1. Your husband would no longer be perosnally responsible for the business's debts. So if business goes bad creditors can't come after his personal assets. As the spouse you may sleep better knowing that your house, cars, bank account etc would no longer be at risk.

    2, If he ever wants to sell the business it's easier to do so as an LLC than as a sole proprietorship.

    As others have noted theer is really no tax advantage. You say the management company has urged him to make the change - what rationale do they give?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Sole proprietor [ 0 Answers ]

1. When we open post dated cheque,the date we want to put is the actual date or paymnet date? 2. Jan Salary but paid on Feb, so in payment voucher and account, which date that I need to put is better? 3. Dec Expenses Accrued, paid on Jan, how to do the entry? 4. Please show the journal...

Sole proprietor [ 0 Answers ]

1. When we open post dated cheque,the date we want to put is the actual date or paymnet date? 2. Jan Salary but paid on Feb, so in payment voucher and account, which date that I need to put is better? 3. Dec Expenses Accrued, paid on Jan, how to do the entry? 4. Please show the journal...

Trouble with Inc or Sole proprietor [ 5 Answers ]

I am an employer and one of my contractors stated back in the beginning of 2007 that he was Incorporated but believe that he is just a sole proprietor. He then told me that he as in the process of converting from a sole proprietor to a C or S corp. We are now 3 days past the deadline for filing...

How to switch from Sole Proprietor to Corporation [ 1 Answers ]

I have a five year old audio visual service and equipment rental business which I started in 2002. A tax professional I'm considering using this year suggested that I change from being a sole proprietor to a corporation in order to take advantage of the benefits of being an s corporation. I have...

How do I change from sole proprietor to incorporate? [ 1 Answers ]

I am a sole proprietor, but want to protect my assests and was told to incorporate. How do I do this?


View more questions Search