Incorporating

It is like they say, never to into business with family and friends and don't ever lend money to family and friends.
 
Along these lines, we sat with our CPA and lawyer, and they said (in Ohio, anyway, an important distinction) LLC's and S-Corp offer little additional liability protection over sole proprietorships. Of course, I'm not referring to partnership situations, but rather an owner with employees. They both said people sleep better at night, feel protected, all the books recommend it, but case history proves you're just as much on the hook.

I found this surprising, but they both had many many examples to prove it. They both said (and they both would benefit financially from restructuring our business of 20 years) spend the money on the best liability insurance you can get. I spoke with a few other CPA's, and they said the same thing: LLC and S-corps for owner-operators with employees offer no real protection. One said, "you'll feel much safer, you'll be like your fellow business owners, until the day you are sued, and then your lawyer will explain it will still chase you to all the way to your house".

Your thoughts? Did I find the only lawyers and CPA's who feel this way?

Now the tax advantages and disadvantages are a different subject....
 
The reason that S-Corps and LLC's do not provide protection is because it is easy to "Pierce the corporate veil". What happens is with a small business there are too many times when the owner will do something like purchase personal items with a company credit card, or use a personal card to purchase company items. Once that is done, you are toast for the liability protection.
I carry pretty extensive umbrella coverage, because I realize that, as with many areas of my business, I have a huge target on my back.
 
I would go LLC. As far as partner thing goes, its not for everyone. I have had some great partnerships and some very bad. They can definitely work out great when you have 2 like minded people with 1 common goal. If you both have the same goal then 2 minds can be twice as strong as 1. But it does not always work out that way.

You been good, hope all remains well


Maryland event Dec 7th free free
 
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