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  #11 (permalink)  
Old 03-31-2008, 04:59 PM
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gallito89 gallito89 is offline
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So 999affiliates, are you suggesting that I should set up an LLC then?
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Old 03-31-2008, 05:54 PM
999affiliates 999affiliates is offline
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I personally have an LLC setup, however I set it up for the limitation of liability. I do work which might expose me to lawsuits and I would like to minimize the damages if that would arise. I like LLCs with with most businesses, however there with an LLC you need to do a little extra work to keep the corporate veil in tact (protect yourself in a lawsuit). These included using separate bank accounts, signing agreements on behave of the LLC. The good thing about an LLC as compared with an corporation is you o not have to keep minutes, which can be a hassle. I suggest you look into the benefits of an LLC as opposed to a sole-proprietorship.
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Old 04-01-2008, 08:01 AM
kevin7890 kevin7890 is offline
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LIABILITY:
========
Many people have misconceptions that LLC somehow shields them from all types of liability. That is not true. Couple of instances are:

1. If you intentionally do something that is illegal, or fraud and that act causes losses to people/companies, you will be liable.

2. If you personally guarantee a bank loan and your LLC goes belly up, you will be liable (most banks will NOT loan your fresh LLC any money without a collateral or personal guarantee).

INCOME TAXES:
============
Single person (two person if you are married) LLC acts like sole proprietorship meaning all incomes are pass-through via Schedule D. As far as I know, meal expense rules are identical (if you take someone out for a business dinner, you can only write off 50%); at least in NJ, all vehicle expenses are written off the same way on Schedule D as well. Either entities must keep a detailed record of driving miles.

NEED
====
Are you planning to do any contract work for large companies? If yes, most companies will require you to have an LLC with business liability insurances.

If you are setting up some affiliate websites to make money, I would not bother. In NJ, there is a filing fee (couple of hundred dollars), and an annual maintenance fee. Although you do not have to keep a detailed meeting record like S corp, you still need to maintain corporate policies and other documents (state specific) in case you ever get audited by the IRS/Your State's Treasury department.

WANT
====
Yeah, it sounds cool to say you are the President of Widgets LLC. But than again, as a sole proprietor, you can call yourself whatever you want as well (President of Widgets); The only difference will be that Widgets for Sole Proprietor will be identified as DBA or Doing Business As.

Choice is yours but if I were in the fast track MBA, I would rather focus on studying rather than taking on another administrative task.

My 2 cents..
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Old 04-01-2008, 01:16 PM
999affiliates 999affiliates is offline
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kevin7890 you're right if there are restrictions to the liability, however I was assuming that nothing fraudulent would be happening. Personal guarantees are your responsibilities I did not mention that.

Where I am located it cost $50 to form an LLC and then you need to publish it (usually $40) and that is it.

Meal expenses are deductible up to 100% if it is a business meal.
Also, taxes are filed on the schedule c

http://www.irs.gov/pub/irs-pdf/f1040sc.pdf
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Old 04-01-2008, 01:34 PM
kevin7890 kevin7890 is offline
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Sorry about Schedule D (Capital Gains and Losses) vs Schedule C (Business P&L). I am doing my taxes now (late) so I guess I got confused.

In regards to meal expenses, I was informed that unless you are on an overnight trip and take your client out for dinner, you can only deduct 50% (your client's portion).

Hope all this chatter will help the OP.

L8ter
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Old 04-01-2008, 01:46 PM
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gallito89 gallito89 is offline
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Well if there are indeed annual fees for NYS then it wouldn't be worthwhile to me, if it just a one time deal and extra paperwork then I might still go for it. How detailed would my policy documents have to be? If it is something that would require me to hire a lawyer to write then it also wouldn't be worthwhile. As far as I know everything I have done has been legal but it would also be nice to have an extra level of protection in case if something went downhill and I got sued by somebody.
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Old 04-01-2008, 02:15 PM
999affiliates 999affiliates is offline
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each state has differnt laws what state are you in?
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Old 04-01-2008, 02:23 PM
999affiliates 999affiliates is offline
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Quote:
Originally Posted by kevin7890 View Post
In regards to meal expenses, I was informed that unless you are on an overnight trip and take your client out for dinner, you can only deduct 50% (your client's portion).
This is if you are traveling on a business trip (not for your own company) i.e. you work for company A in New York City, the company has a client in L.A. and send you on a business trip to talk to them about a problem. Since you are an Employee you may deduct 50% on NON-REIMBURSED this is on Form 2106. But for your own company you only pay taxes on a Profit. I.E. Sales - Expenses = Net Profit. A business dinner would be an expense if it is a "legitimate" BUSINESS expense.
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Old 04-01-2008, 02:42 PM
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Quote:
Originally Posted by 999affiliates View Post
each state has differnt laws what state are you in?
I live in New York currently.
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Old 04-01-2008, 02:49 PM
999affiliates 999affiliates is offline
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It looks like it is $200 to file an LLC in NY (one of the higher ones I have seen)

Welcome to the Division of Corporations
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