The very first step in starting your business is picking the business entity. Your company’s structure determines your personal liabilities as well as how you pay the taxes. A limited liability company (LLC) and a c corp are two of the most prevalent types. You are protected from corporate liability in both. When deciding between a C-corp and an LLC, it’s crucial to know the differences between the two. So, this guide explains all that LLCs and C-Corps mean? and assist you in deciding which option is better. Before getting into the LLC let’s first understand what’s the difference between LLP and Private Limited Company.

What Is An LLC?

A limited liability company (LLC) is a business structure that provides various tax benefits as well as protection from personal liability. Several sole proprietorships and partnerships become LLCs to protect themselves from liabilities. Several sole proprietorships and partnerships become LLCs to protect themselves from liabilities. Individual business owners, corporations, other LLCs, and foreign entities that own the ownership of the business can all be members. Entrepreneurs benefit from pass-through taxation whenever it comes to filing tax returns for their LLC. It implies that the business doesn’t at all pay any direct taxes on its profits. Instead, the tax is passed through to each LLC member, who will then pay a separate tax depending on their percentage of the company profit. 

Also, it’s fairly simple to form a limited liability company (LLC). The legal procedures are straightforward: you and your co-owners just choose a name, register it, file articles of organization in the state where the business will operate, and pay the required fees. Profits and losses can be passed on to individuals’s income without incurring corporation taxes. On the other hand, LLC members are considered self-employed. As a result, they are required to make self-employment tax contributions to Medicare and Social Security. 

What Is A C-Corp?

A C corporation is a business entity that is owned by shareholders who buy the shares of stock. A C-Corp, often known as a C Corporation, is a legal and IRS(Internal Revenue Service)-a recognized business entity which thus permits businesses to retain their profits in the business. The number of stockholders a C-corporation can have is unrestricted by the IRS. C-corporations undergo double taxation because the business must pay corporate income taxes on profits and shareholders must pay taxes on dividends earned on their personal tax returns. A C-corp functions independently of its shareholders, allowing the company to keep operating even if one or more shareholders end up selling their shares or leaving the company. 

For becoming a C corporation, a business should have management and a board of directors elected by its shareholders, as well as file the required documents on a yearly basis. The owners of a C-corporation are likewise protected against limited liability. The business owners are just not held personally liable and so their personal assets are not put in danger if the company goes into debt or is sued. 

LLC vs. C-corp –

Now let’s understand the differences between a Limited Liability Company (LLC)  and a C corporation.

Ownership

The ownership structure is the most significant distinction between LLCs and C Corporations. A limited liability company (LLC) is owned by one or more people. The ownership of a C corporation is distributed equally among all of its stockholders and shareholders, which could number in the hundreds or thousands. Many household-name corporations are C-corporation, and anyone who owns stock in one of them is technically an owner.

LLCs have a finite lifespan. Certain states may require that an LLC be dissolved and re-formed with new membership when a member enters or leaves.

Formation

The formation process for both an LLC and a C-Corp is mostly the same, there are some differences in the additional paperwork. Both business entities have the same initial registration paperwork. However, whereas an LLC must have an operating agreement that outlines the company’s financial and operational operations, a C-Corp must have corporate bylaws that detail its members, officers, and committees, among many other things. Additionally, there are other requirements for forming a C Corporation that goes outside the paperwork. A C corporation must elect a board of directors, issue stocks and shares, and hold the regular board and shareholder meetings.  All of these responsibilities will be outlined in the company’s bylaws, along with how they will be carried out.

 

Raising Money

C corporations have an easier time raising money than LLCs because anyone who buys shares in a C corporation holds a share of the company. Although owning shares in a C corporation sometimes entails the possibility of subsequently selling the stock for a higher price, the incentive to invest in a C corporation may be greater. Because stockholders cannot be added to an LLC’s ownership, fundraising can be more difficult. It’s worth noting that you can’t issue stock in your LLC even if you register it as a C corporation for tax purposes. For this, you would need to start a new corporation. 

Taxation

When it comes to tax, the main difference between these two is that double taxation does not apply to LLCs, but it does to C Corporations. The tax considerations of these two business entities are one of the most significant differences between them. An LLC has the advantage of continuing to be taxed as a pass-through entity (i.e., the owners’ earnings from the business are taxed only once); but, you can decide to be taxed as a C Corp or S Corp. An LLC is usually the greatest way to accomplish the best tax strategy. The pass-through structure of an LLC can be a disadvantage for certain people, particularly when you pay a lot of taxes due to the self-employment tax that LLCs taxed as sole proprietors should pay. 

Limited Liability Protection

Amongst the most significant advantages of an LLC is the limitation of liability. This is a significant benefit for someone who does not want the company’s assets and liabilities to be linked to them personally. You and your company have a legal separation; your company is a separate legal entity for debt, loss, profit, and damage concerns. In most circumstances, if you take out a loan via your LLC, your personal assets are safeguarded if you fail on the debt. A C Corp, like an LLC, provides limited liability protection to its owners. If somehow the C Corp is sued or has had a debt to collect, its personal assets are shielded. Corporations might be a viable option for businesses that are medium-or high-risk. 

Which Is Better: An LLC Or C Corporation?

The decision to form a limited liability company (LLC) or a c corporation is highly individualized. An LLC may be beneficial for you if you choose to eliminate double taxation and pay solely personal income taxes. If you don’t want to be personally liable for your company’s debts and obligations, you might consider forming an LLC or forming a c corporation. Both structures would safeguard your personal assets and keep you apart from your business. Likewise, C corporations and limited liability companies have certain similarities, their distinct characteristics provide very different benefits to your company. 

Consider the advantages and disadvantages of each business entity, as well as your business objectives. This isn’t meant to be legal advice or to be applicable to any specific case. In the end, it’s up to you to make the decision. If you are unsure, talk to a financial advisor about how each option can affect your federal income tax, future business growth, and other factors.