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David Weilbacher, Esq.
David Weilbacher, Esq., Attorney
Category: Business Law
Satisfied Customers: 335
Experience:  Criminal & Civil Litigation, Estate Planning, Probate, and Bankruptcy
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I am starting my own small business and I am having a tough

Resolved Question:

I am starting my own small business and I am having a tough time trying to deside whether I should go with the LLC (Sole Proprititor) or just Self Employement. My question is; do I have to pay for a LLC filing? Also, is the County going to charge me different for a LLC instead of just self employed for a business license? I am starting my business in Florida.
Submitted: 3 years ago.
Category: Business Law
Expert:  David Weilbacher, Esq. replied 3 years ago.

David Weilbacher, Esq. :

Hello, my name isXXXXX you for allowing me to assist you.

David Weilbacher, Esq. :

I see that you are already aware of the issues regarding personal liability protection offered by an LLC.

Customer:

yes

David Weilbacher, Esq. :

Your primary concern is the income tax issues. If you were my client I would recommend the LLC. Not only does it protect you personal assets in the event of litigation, but it is a tax neutral entity.

Customer:

its the file fees and taxes that I am unsure about

Customer:

is the LLC taxed more then self employed and is there a Filing fee to register my company as an LLC?

David Weilbacher, Esq. :

LLC's are recognized by the IRS as "pass through" entities. This means that there is only one level of taxation; that being at the personal level. This means that even with an LLC you will be tax as if you were a simple sole proprietor.

David Weilbacher, Esq. :

So there is no additional tax as an LLC.

Customer:

Good to hear. I was talking to the County tax department to get my business license(or business tax receipt) they call it now, and she seem that she was going to go a different direction if I stated I was going to incorperate or LLC then just self empoyed.

David Weilbacher, Esq. :

There are fees associated with forming an LLC. Typically, it will cast you approximately $500 to $1000 dollars to have an attorney prepare the paperwork for you. Also, FL requires that an LLC be registered with the Florida Department of State, and it charges a $125 filing fee. However, you should view these expenses as the cheapest insurance policy you ever buy, because they protect your personal assets if the LLC gets sued.

David Weilbacher, Esq. :

The county should be able to tell you what the difference in the license fee amounts are for a LLC vs. sole proprietor, if any. I can't image the fees will be different. Again, if they are, it's all part of that "insurance policy" I referred to earlier.

David Weilbacher, Esq. :

If you shop around you might be able to find a service that will form your LLC cheaply, but you might want the added comfort of knowing the LLC was formed by a knowledgeable attorney.

David Weilbacher, Esq. :

Do you have any other questions?

David Weilbacher, Esq. :

Please press the GREEN "ACCEPT" button so proper credit is provided for your Answer. Thank you and have a good day. This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

Customer:

I didn't see it anywhere when I researched it on the web (on state/county/federal/IRS -web sites) and there was one that I was able to download a PDF file to write in my infor for Filing but they never said anything about a fee. That's why I was starting to wonder.

David Weilbacher, Esq. :

Go to www.sunbiz.org/index.html

David Weilbacher, Esq. :

That is the web site for the Florida Department of State. If will have a lot of information for you.

Customer:

I registered a "Ficticious name" with the state already.

David Weilbacher, Esq. :

That's a good start.

Customer:

Unless there is another Registration for LLC

Customer:

Yes, That site is very helpful.

David Weilbacher, Esq. :

No. Don't confuse the "Fictitious name" registration with the LLC registration. They are two entirely different things.

Customer:

ok

David Weilbacher, Esq. :

Good luck.

Customer:

I'll have to check that out.

Customer:

Thanks

David Weilbacher, Esq., Attorney
Category: Business Law
Satisfied Customers: 335
Experience: Criminal & Civil Litigation, Estate Planning, Probate, and Bankruptcy
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