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LLC over Sole Proprietorships

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  • #16
    mike21
    Member
    • Dec 2009
    • 187

    I plan on opening a seperate banking account for the business, plus maybe a credit card account for it also. Pretty sure I'd have to get the LLC formed first though before getting the business accounts, but hopefully I get the paperwork started later today through legalzoom

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    • #17
      mike21
      Member
      • Dec 2009
      • 187

      Question regarding the 800 dollar annual tax for LLC. When does that get paid? Is it something that starts after your first year or do I add that to all the other paperwork and permit fees?

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      • #18
        Funtimes
        Senior Member
        • Sep 2010
        • 949

        Originally posted by mike21
        Question regarding the 800 dollar annual tax for LLC. When does that get paid? Is it something that starts after your first year or do I add that to all the other paperwork and permit fees?
        That would definitely want to make me incorporate in January lol.
        Lawyer, but not your lawyer. Posts aren't legal advice.

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        • #19
          PolishMike
          Calguns Addict
          • Nov 2007
          • 6034

          If you do decide on LLC you will have to reapply for an FFL. The LLC is considered the applicant not you.

          If you do less than 250k a year the LLC is the best option. If you do more a corp is better.

          What you should be doing though is not asking this on a public forum but discussing this with your business attorney or CPA. (Likely both). You are starting a business. You need both.
          Artist formally known as CEO of Tracy Rifle and Pistol

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          • #20
            Funtimes
            Senior Member
            • Sep 2010
            • 949

            Originally posted by PolishMike
            If you do decide on LLC you will have to reapply for an FFL. The LLC is considered the applicant not you.

            If you do less than 250k a year the LLC is the best option. If you do more a corp is better.

            What you should be doing though is not asking this on a public forum but discussing this with your business attorney or CPA. (Likely both). You are starting a business. You need both.
            I haven't found the need to see a business attorney yet, but a CPA I can agree with. It helps to get a good consultation up front so that you know what you should be documenting, how to document, etc. that way, when you take them your records for taxes it's all in a format they want.

            Many of the CPA's I know appreciate stuff like quickbooks, when done properly. I would also have to say that the books from NOLO on these types of topics are pretty damn good. They are a primer for anyone - and a resource that should be utilized.
            Lawyer, but not your lawyer. Posts aren't legal advice.

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            • #21
              mike21
              Member
              • Dec 2009
              • 187

              I'll talk to my tax person once I get things rolling to see about all the business documentation things. I did taxes for a few years but never really got deep into business taxes so I kind of have an idea of most of it. I'll sit down and speak with her for a deeper discussion on how she wants me to log things. Appreciate the help guys.

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              • #22
                mike21
                Member
                • Dec 2009
                • 187

                Got my paperwork back from Legalzoom on Friday. LLC officially approved by the state. Now I'm heading to publish the DBA tomorrow morning, but had a question. Do I need to wait til it is published before getting the EIN and proceeding with the rest of the permits/licensing such as the business license and other forms?

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                • #23
                  Funtimes
                  Senior Member
                  • Sep 2010
                  • 949

                  Originally posted by mike21
                  Got my paperwork back from Legalzoom on Friday. LLC officially approved by the state. Now I'm heading to publish the DBA tomorrow morning, but had a question. Do I need to wait til it is published before getting the EIN and proceeding with the rest of the permits/licensing such as the business license and other forms?
                  I have to call my county to see if they do the same thing (publishing); I've tried looking to see what dictates it, but I don't see it anywhere on their page. Not sure how long I have to run it for and how many times. I have a few names that I wanted to reserve.

                  I almost just thought about getting 3-4 different licenses with those names on it; I don't pay a fee for the business license, so i'm not sure if it would matter.
                  Lawyer, but not your lawyer. Posts aren't legal advice.

                  Comment

                  • #24
                    mkasda
                    Member
                    • Jul 2010
                    • 192

                    Stick to a sole proprietorship and buy a simple liability insurance policy. You're really wasting your money on a separate entity.

                    Comment

                    • #25
                      mike21
                      Member
                      • Dec 2009
                      • 187

                      Originally posted by Funtimes
                      I have to call my county to see if they do the same thing (publishing); I've tried looking to see what dictates it, but I don't see it anywhere on their page. Not sure how long I have to run it for and how many times. I have a few names that I wanted to reserve.

                      I almost just thought about getting 3-4 different licenses with those names on it; I don't pay a fee for the business license, so i'm not sure if it would matter.
                      I needed a certificate of status for the LLC before they let me publish. Took a little over a week to get it from the state. Finally got it yesterday and went straight to get it published. Had a list of publishings I could list it under and chose one. Has to run once a week for 4 straight weeks. Im moving on to the EIN, temp business license, and finally apply for the FFL this coming week.

                      Comment

                      • #26
                        Funtimes
                        Senior Member
                        • Sep 2010
                        • 949

                        Originally posted by mike21
                        I needed a certificate of status for the LLC before they let me publish. Took a little over a week to get it from the state. Finally got it yesterday and went straight to get it published. Had a list of publishings I could list it under and chose one. Has to run once a week for 4 straight weeks. Im moving on to the EIN, temp business license, and finally apply for the FFL this coming week.

                        Currently, I have my business license in hand under a different name ; so I'm not sure if I need to even worry about publishing. The business is supposed to include my name or file a DBA - but the county didn't make me do anything. Not sure if it will really matter in the future. I honestly don't think it will, it's just to provide notice to people and have a legal way to track you.
                        Last edited by Funtimes; 03-16-2014, 8:13 AM.
                        Lawyer, but not your lawyer. Posts aren't legal advice.

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                        • #27
                          eltee
                          Senior Member
                          • Jul 2008
                          • 897

                          If the business is in the FFL's name, i.e., John Smith and he later decides to establish an LLC but not change the name, does this require re-licensing? It is simply John Smith (not John Smith Co., John Smith Guns, etc.).

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                          • #28
                            ugimports
                            Vendor/Retailer
                            • Jun 2009
                            • 6250

                            Originally posted by eltee
                            If the business is in the FFL's name, i.e., John Smith and he later decides to establish an LLC but not change the name, does this require re-licensing? It is simply John Smith (not John Smith Co., John Smith Guns, etc.).
                            yes new entity = new ffl if you're trying trying to put the FFL in that name.
                            UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
                            Closure Schedule: http://ugimports.com/closed
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                            I AM THE MAJORITY!!!

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                            • #29
                              ronlglock
                              CGN/CGSSA Contributor
                              CGN Contributor
                              • May 2011
                              • 2670

                              Originally posted by taperxz
                              Sub chapter (S) corporation and LLC's allow you to keep your business and personal life separate.

                              Its basically a business insurance policy to protect you and your personal assets and credit worthiness.
                              THIS. I have an LLC for this very reason - keep my personal a business assets separate.
                              sigpic

                              NRA/USCCA/DOJ instructor, NRA CRSO, Journalist

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                              • #30
                                stitchnicklas
                                Calguns Addict
                                • Feb 2010
                                • 7091

                                Originally posted by Pally
                                You can also purchase an insurance policy-business liability, umbrella policy, etc...t.
                                my policy was just under $900
                                1 million per incident and 2 million aggregate
                                300 something to start and 57 bucks a month

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