Unlike a sole proprietorship, an LLC is a hybrid of the partnership and corporate forms that allows the liability protection of a corporation with the tax advantages of a partnership. An LLC is a separate business entity that is owned by investors known as members.

A Limited Liability Company (LLC) is an entity created by state statute. A domestic LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 and elects to be treated as a corporation.

Although a limited liability company (LLC) is not considered either a corporation or a partnership, it shares similarities with each. For example, an LLC is treated as a partnership for income tax purposes and must be formed in a specific state like a partnership.

Difference Between LLC and Corporation “LLC” stands for “limited liability company.” It is similar to a corporation, but offers more flexibility in management and taxation and generally has fewer recordkeeping requirements.

To be able to pay yourself wages or a salary from your single-member LLC or other LLC, you must be actively working in the business. You need to have an actual role with real responsibilities as an LLC owner. The LLC will pay you as a W-2 employee and will withhold income and employment taxes from your paycheck.

Single-member is the most popular filing type and is the most affordable LLC formation. There is also significantly less paperwork required….This is similar to a sole proprietorship in that the owner is personally responsible for:

• Company transactions.
• Taxes.
• Debts the business owes.

As a simple and effective tax structure, many multi-member LLCs will find the partnership tax status to be an ideal choice. However, if your company plans to seek funding from outside investors or other types of passive owners, you may want to consider being taxed as a corporation.

Profits subject to social security and medicare taxes. In some circumstances, owners of an LLC may end up paying more taxes than owners of a corporation. Salaries and profits of an LLC are subject to self-employment taxes, currently equal to a combined 15.3%.

Probably the most obvious advantage to forming an LLC is protecting your personal assets by limiting the liability to the resources of the business itself. In most cases, the LLC will protect your personal assets from claims against the business, including lawsuits. There is also the tax benefit to an LLC.

Technically, there is no such thing as a “conversion” from a Sole Proprietorship to an LLC. Rather, you are “changing over” from a Sole Proprietor to an LLC. Meaning, you simply form an LLC and then stop using your Sole Proprietorship. Open a new business bank account for your LLC.

An LLC lets you take advantage of the benefits of both the corporation and partnership business structures. LLCs protect you from personal liability in most instances, your personal assets — like your vehicle, house, and savings accounts — won’t be at risk in case your LLC faces bankruptcy or lawsuits.

LLC members are considered self-employed business owners rather than employees of the LLC so they are not subject to tax withholding. Instead, each LLC member is responsible for setting aside enough money to pay taxes on that member’s share of the profits.

Follow these steps to make the transition.

1. Check your business name. When you are converting a sole proprietorship to an LLC, you need a unique business name.
2. File articles of organization.
3. Write an LLC operating agreement.
4. Announce your LLC.
5. Apply for a new bank account.
6. Get business licenses and permits.