When an individual starts his business has the ambition or goal to sell the products and services in a successful manner. However, many small businessmen may initially be nearly clueless about when it comes to forming business structure. There are two most preferable business structure, Limited Liability Partnership, and Limited Liabilities Company. Both of these business entities are companies offer flexibilities to the owners and allow them to enjoy the liability protection of a corporation with many structural tax advantages of a partnership.
In order to give you clear insight which one is better for your business, read the difference between them that are listed below.
• Limited Liability Partnership: Limited Liability Partnership is an alternative corporate business form which comes with liabilities and flexibility of a partnership. It is a newer form of business entity where all the owners have limited personal liability. Which means each partner’s personal liability for another person partner’s act is limited to the partnership’s assets. You cannot receive the benefit in LLC.
• Limited Liability Company: A limited liability company is a form of business structure that combines traits of both sole- proprietorship and a corporation. It is the least complex business structure. Unlikes corp or c corp, the structure of the LLC is flexible. One of the greatest flexibilities of LLC is that it has less corporate regulations like the board of directors or necessary shareholder meeting. Furthermore, Limited Liability Company has a fewer ownership restriction and more choices when it comes to the tax structure. LLC’s like a corporation where the business and personal assets are separated. Which means that any personal assets not invested in LLC will not be at risk of loss in case of bankruptcy.
Difference between Limited Liability Partnership and Limited Liability Company:
• Formation: Both LLP and LLC have to be registered online. Each business structure has its own initial and ongoing filing requirements to remain as an active business structure. For an example registration of LLP include DIN/ DIS/PAN address/ LLP agreement/ LLP PAN/ Zero balance current account and you submit a specific application to the secretary of the state with the appropriate filing fees. Whereas for LLC registration you need to put two documents, articles of the organization and operating agreement. It should be clearly and concisely and signed by all members of the LCC
• Tax Benefits: The Government uses pass-through taxes for both LLP and LLC. This means all the partners of these two organization share company profit and report those profits on the individual tax returns, and the actual company does not have to pay taxes on the profit. Taking this into consideration, it is imperative to pick the business structure which offers you tax benefits and best tax protection.
• Legal Protection: LLCs and LLPs are the pass-through business entities due to way earning move through the business to the members. This enables them to avoid corporate taxes and pay personal income taxes. In the event, if the corporate were charged, then members have to pay double taxation charges to the government• Common types of LLP: The most common type of LLP is a professional organization. Law firms and a group of medical practitioner use the LLP format. LLP is recognized when the members want to run a business whose sole purpose is the same. One of the greatest benefits of incorporation of the LLP is that it protects members from any problems caused by the management’s decision. In Limited Liability Partnership, the managing partners shares and role are greater than silent and junior partners.
• Common types of LLC: Every small business of any niche uses LLC. Due to the fact that every state only needs two partners to form an LLC that why all small and mid-organization choose LLC. Unlike other business entities, LLC offers benefits of separation between personal and business assets and liabilities. Which means in the event, if the company faces loss the members don’t require to invest their personal assets to save the company. In LLC all owners of the company are financial risk-free, regardless whether they are playing an active role in the company.
• Owners and Management: An LLP requires only two members, whereas LLC can be formed with one member. So, if you want to open a small business and doesn’t have partners, you can go for LLC. When it comes to management rights, an LLP is managed much is a general partnership. This means each member has an equal power to make a decision on how to run a company. If you incorporate Limited Liability Company , you will have a choice between electing a professional who will make all the decision on how to run a company.
• Liabilities issues: When it comes to protecting both business entities act in a different way. For instance, LLP protects the personal assets of its members for any misfortune conduct by another member. However, the partners of the LLP will be held personally liable for the debts and responsibility of the partnership as a whole. On the other hand, an LLC protects its members’ personal assets from being seized for debts or bankruptcy, regardless if they are the owners or playing a major role in the company.
In general, when it comes to LLP and LLC difference both have equal advantages and disadvantages. If you have the members to run a business then you should go for LLP. Whereas if you are the only member and wants to open a business which is restriction free and offer you great flexibility then you should go for LLC.
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