Limited liability companies (LLCs) have become an increasingly popular business structure for entrepreneurs and small business owners in recent years. An LLC combines the pass-through taxation of a partnership or sole proprietorship with the limited liability protections of a corporation. This unique combination provides LLC owners with personal asset protection while avoiding double taxation on business profits. But why exactly does it seem like everyone is forming an LLC these days?
The Benefits of an LLC
There are several key benefits that make the LLC an appealing choice for many business owners:
- Limited Liability Protection – LLC owners are not personally liable for the debts and liabilities of the business, meaning their personal assets are protected. This differs from sole proprietorships and partnerships where the owners are personally responsible.
- Pass-Through Taxation – LLCs do not pay taxes themselves. Profits and losses pass through to the owners’ personal tax returns. Owners pay taxes on their share of business income at their personal income tax rates.
- Flexible Management Structure – LLCs can choose to be member-managed, with owners running the company directly, or manager-managed, where owners appoint managers to oversee operations.
- Less Recordkeeping – Compared to corporations, LLCs have fewer administrative requirements and formalities to comply with.
- Credibility and Professionalism – Forming an LLC establishes a legal business entity and can make your company appear more legitimate to customers.
These advantages make the LLC an accessible and attractive option for everyone from freelancers and consultants to restaurants and retail stores. The LLC structure can accommodate businesses of all sizes and industries.
The Growth of LLCs
According to data from the Internal Revenue Service (IRS), LLCs have steadily grown in popularity over the past 25+ years:
| Year | # of New LLCs Formed |
|---|---|
| 1995 | 123,637 |
| 2000 | 871,193 |
| 2005 | 949,274 |
| 2010 | 1,376,269 |
| 2015 | 2,114,235 |
| 2019 | 2,747,514 |
As of 2019, there were over 5 million LLCs registered in the United States. This massive growth can be attributed to increased awareness of the LLC as a business structure option and broader recognition of its benefits.
State governments have also made the process of forming an LLC quicker and simpler over the past decade. Online filing portals now allow business owners to set up an LLC in a matter of days or weeks in most states. The ease and low cost of establishment makes forming an LLC accessible to anyone.
Types of Businesses Using LLCs
Nearly any type of business can benefit from becoming an LLC. Here are some of the most common examples of businesses that operate as LLCs:
- Consultants and Freelancers – Consultants, freelance designers, writers, and other solo service providers gain liability protection and credibility by structuring their business as an LLC.
- Restaurants and Hospitality – The risks and regulations associated with restaurants make the liability shield of an LLC very appealing. LLCs are the norm for new eateries.
- Real Estate Investors – Real estate investing carries significant liability risks. Using an LLC to purchase investment properties helps shield the owner’s personal assets.
- Online Businesses – Online retailers and service providers benefit from the pass-through taxation and flexibility of the LLC model when starting an internet business.
- Small Retail Stores – Retail shops and boutiques can operate under an LLC to obtain liability protection and pass-through taxation.
- Health and Beauty – Salons, spas, clinics, and other health/beauty companies often choose the LLC structure for its limited liability benefits.
The list goes on. LLCs are commonly used by construction companies, professional firms like accounting or legal practices, auto repair shops, rental property owners, farmers, and essentially any other type of small or medium-sized business.
The Rise of Solo LLCs
One of the biggest trends contributing to the growth of LLCs is the rise of solo LLCs owned by freelancers, consultants, and individual entrepreneurs. There are now over 14 million non-employer “solopreneur” firms in the U.S., many of which are single-member LLCs.
Working for yourself offers freedom and flexibility. Forming a solo LLC provides vital protections by separating your business and personal finances. It’s no longer just big companies incorporating – single owners see the major benefits as well.
Solo LLCs allow independent workers to seem more legitimate to clients. Having an official registered business and EIN also makes it easier to open business bank accounts, get business insurance, hire contractors, and manage finances.
Should You Form an LLC?
Forming an LLC clearly has many advantages, but it is not necessarily the right choice for every business. Here are a few key factors to consider when deciding between an LLC, corporation, partnership, or sole proprietorship:
- Your business structure needs – How much liability protection do you require? Do you plan to raise investment capital or issue stock? What is your exit strategy?
- Tax implications – How do you want to be taxed? LLCs are pass-through, but an S corporation may be more tax-efficient.
- Recordkeeping needs – LLC maintenance is easier than corporate compliance, but still carries some admin responsibilities.
- State laws and costs – LLC state formation and maintenance fees vary across the country. Research your own state’s LLC requirements.
- Number of owners – Single-owner LLCs are simple, but having multiple members adds complexity, requiring an operating agreement.
There are scenarios where another business structure like an S corporation or sole proprietorship may make more sense depending on your situation. Speak with business attorneys, accountants, or financial advisors to determine the best entity type for your goals.
Conclusion
LLCs have clearly emerged as the most popular entity choice for small businesses because they offer the best of both worlds. LLC owners gain personal liability protection like corporations while retaining the pass-through tax benefits of sole proprietorships and partnerships.
Simplified state formation rules also make establishing an LLC smooth and affordable. The rise of solo entrepreneurs has accelerated the use of single-member LLCs for freelancers seeking professional clout and liability protection.
Nearly any type of small business from restaurants to consultants and real estate investors can benefit from being set up as an LLC. While an LLC is the right choice for most small business owners, some might be better served choosing an alternate structure like an S corporation depending on their specific situation and state laws.
But in general, the widespread use of LLCs simply reflects their immense utility for entrepreneurs. LLCs allow small business owners to protect their personal assets without incurring corporate taxes. The advantages over other structures are clear. By separating business and personal finances, LLCs enable entrepreneurs to confidently take business risks without putting their livelihood at stake.
