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Posted by Heather Mundell, Seattle, Washington | May 20, 2008

Subscribe to  Indie Biz Q&A Forming an LLC - attorney advisable?

My friend is going into business for himself and wants to form an LLC. He won't have any partners or employees. The process for making this happen looks pretty straightforward, but he's wondering whether he should get an attorney involved after he's submitted the requisite forms, to make sure he knows what i's to dot and t's to cross.

I am a sole proprietor and don't have experience with this. Do you recommend my friend consult an attorney and/or tax professional as he forms his business, and for what purposes?

Thanks so much for any tips!

8 Bizniks have posted replies

  • Theresa  Petrey
    Posted by Theresa Petrey, Ellensburg, 2nd Office in Burien, Washington | May 20, 2008

    Yes to the attorney.

    Yes to the accountant.

    And, see both before filling out the forms.

    The purpose is to do it right the first time and to make sure that your friend has considered everything he should on a legal and financial basis during set up. If it's simple then it will be correspondingly priced for the appropriate professionals services, which are . . . priceless in retrospect when dealing with problems resulting from faulty, inappropriate or defective formation of an entity

  • Leila Anasazi
    Posted by Leila Anasazi, Seattle, Washington | May 21, 2008

    Yes. What Theresa said. And you can run a search on Biztalk for "LLC" and several previous interesting conversations about this will come up.

    And, um. You've invited your friend to become a full-fledged Biznik member, right ;-)

  • Valerie Farris
    Posted by Valerie Farris, Edmonds, Washington | May 21, 2008

    Heather, I ditto Theresa's advice - he should consult both a lawyer AND a tax professional BEFORE submitting the forms. It's a lot harder (and usually more expensive) to undo mistakes than it is to pay to have things done properly the first time around!

    Best wishes,

    Valerie Farris

  • Heather Mundell
    Posted by Heather Mundell, Seattle, Washington | May 21, 2008

    Thank you all so much for your advice! I really appreciate it. I'm sure my friend will be checking Biznik out...once he's in business!

  • Leila Anasazi
    Posted by Leila Anasazi, Seattle, Washington | May 21, 2008

    Heather, it's a little secret, but you don't Have To be in business to be a Biznik ... there's lots of great pre-business owner events and opportunities!

  • John Huddleston
    Posted by John Huddleston, Seattle & Bellevue, Washington | May 30, 2008

    Heather, there are significant differences in the total tax you pay depending on the type of entity you choose. Your friend may want to look at my article "Entity Choice (Saving Tax with S Corporations)". Just click my site below and select tax accountant/cpa libary to review the article. He can choose to be an LLC but elect to be taxed as an S Corporation.

  • Heather Mundell
    Posted by Heather Mundell, Seattle, Washington | May 30, 2008

    John, I really appreciate you bringing my attention to this and giving me the link to the article!

  • John Huddleston
    Posted by John Huddleston, Seattle & Bellevue, Washington | May 30, 2008

    Every business owner should consider the tax differences between entities. With an S Corp, or an LLC taxed as an S Corp, there is great potential to reduce the self employment tax you pay. You can see this from the example included in the article.

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  • llc
  • forming a company
  • starting a business
  • start-up