I've got a question I have not seen addressed yet. Which business model
(sole proprietorship, LLC, etc.) do you think works best for a small web
design firm? I'm planning to do my own design and basic development;
but, I will contract with experts when necessary for advanced
programming or graphic design needs.
Thank you,
Holly
Lloyd Wells
ll...@swellgraphics.net
www.swellgraphics.net
512-213-4818
In terms of whether or not you should form as a S-Corp, C-Corp, or LLC, there are several considerations that would be most served by talking with an attorney. The LLC has units instead of shares; however, they are basically the same thing at least in principle. You have so many units that reflect the entire ownership of the company. Each state's rules governing LLC's are different, so, again, you would be best served by investing in at least a discussion with a corporate attorney. You only have to go public if you reach a certain level of owners within the organization, which most small businesses would never achieve.
The bottom line is that you should find an attorney who deals with small businesses and at the very least do a consultation to get their recommendations.
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Holly,
I'm willing to share my dirty laundry for the benefit of helping my fellow Austin developers. Last year my partner and I had a thriving Drupal shop that brought in more than 20 international and domestic projects per month. We had a staff of over ten developers and additional support staff in our Round Rock office. The problem was that I didn't personally know Drupal. My background is in .Net programming, and I had been developing business solutions for the Lodging Industry for over 20 years before co-founding GSD in 2007 after a pending acquisition of my software company was forced into litigation due to the greed of a former LLC Member who attempted to illegally hi-jack about 30% of the Units. While that litigation was pending I was forced to work outside of the industry, so I turned to the most logical choice of web development.
We formed the LLC in Texas in 2007, and as I say we had a thriving business. Then we started to get into trouble when our developers began to fail to deliver on a consistent basis. This problem was fueled by the fact that, at the time, I did not know Drupal. The sheer volume of contracts we had at the time made things really snow-ball quickly once things started to fall apart. Then I got cancer, and my personal medical situation even exacerbated things further. Long story - at least attempted to be - made short is that we faced several lawsuits. The horror stories I can share would make every one of you cringe. We had clients in remote areas of the country filing small claims court cases that would have been impossible to defend given the fact that we would have had to have representation in each location and would have had to appear personally in those local courts.
Ultimately, we have been forced to take GSD into bankruptcy as a result of this, and had we NOT had the LLC in place we would have been held personally liable and would have been forced to file personal bankruptcy as well. We even had several clients who DID sue us personally, and our defense in those situations were based solely on the fact that we were an LLC. In each of those cases we were protected even the company was ultimately held liable.
The most frustrating thing to me personally about this situation was that we paid out literally hundreds of thousands of dollars to our employees in salary and ultimately the company was held liable when those employees failed to deliver. Obviously, this is nothing more than a management issue that very much WOULD have been prevented had I known Drupal at the time and had a better ability to manage these resources.
I have since become proficient in Drupal and now do 2-3 projects per month - only now I am in complete and total control of every facet of the operation (no longer under GSD). Green Spider is pretty much in hibernation as we await the results of several of these lawsuits and move forward with the BK.
Bottom line - every situation is unique and must be considered by a knowledgeable and professional legal or tax expert. The ramifications of anything less can be personally devastating.
I even have several local companies with whom I did business earlier this year with whom I am attempting to settle with outside of the technical BK proceedings. Now that my cancer is under control I hope to work toward rebuilding these relationships back to where they were when things started falling apart.
Anyway - I'll stop rambling now. Hope this helps on some level.
Terry
Yeah - nothing like REAL WORLD examples. I laughingly remember Rodney Dangerfield in Back to School when he tells the professor how things would be handled in the real world compared to his text book examples.
Oh, and I'm always ready for my next Drupal project! :) If you've never worked with Drupal you're missing something really special!
"Remember, this is only a mechanism for
tax purposes. It doesn’t change the fact that
the business is legally a Limited Liability
Company."
Which means the personal liability protection and other legal statuses still apply to single member LLCs. And if an LLC has more than one member it files form 1065. The form you file is only a mechanism for reporting income/loss to the tax authorities. It does not interfere with legal status. Nor does it change your "tax status."
We can go on and on ad nauseam. My point still stands. You need to consult a tax/legal professional.
kah
Agreed - I'm pretty ad nauseam at this point. :)
From: refresh...@googlegroups.com [mailto:refresh...@googlegroups.com] On Behalf Of Keith Aric Hall
Sent: Sunday, August 23, 2009 6:00
PM
To:
refresh...@googlegroups.com
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I think the main reason this is stated this way in the tax code is that inherently a single member LLC has the tax impact flow through to the single member - so effectively there is no difference than filing as an individual. Isn't that right?
But still - that has no bearing whatsoever on whether a business person should consider filing as an LLC.
I agree 100% - consult a professional.
From:
refresh...@googlegroups.com [mailto:refresh...@googlegroups.com] On Behalf Of Keith Aric Hall
Sent: Sunday, August 23, 2009 6:00
PM
To:
refresh...@googlegroups.com
Subject: [Refresh Austin: 4385]
Re: business model
I'm not sure the point you are trying to make here. If you read on further you will see that it says...