Starting a Small Business in Texas:  Is an LLC Right for Me

Posted by William A. PiggMay 10, 20210 Comments

If you are a small business owner, it is important to select the business structure that best fits your needs. One of the most popular business structures is a limited liability company (LLC), which is a hybrid business entity that applies elements of both a corporation and a partnership. 
 

LIMITED LIABILITY

 
The main benefit of an LLC is that, like a corporation's shareholders, each member of the LLC will not be held liable for the debts of the LLC.  In contrast, the owner of a sole proprietorship or each partner in a partnership may be held individually liable for the debts of the business. 
 
Consequently, if you have substantial assets outside of your business, like a home or automobile, an LLC can prevent future creditors from having a claim on your personal property.
 

TAXATION

 
Unlike a corporation, an LLC can provide favorable treatment to its members at tax season because it is treated as a partnership for tax purposes. Whereas a corporation faces a double tax because it is taxed upfront when profits are earned and again when dividends are distributed to shareholders, an LLC does not have to file its own tax return and members report the profits and losses of the business as part of their individual tax filings. 
 
In summary, an LLC can reduce potential tax payments compared to a corporation while still providing the liability shield to its members!
 

FILING REQUIREMENTS

 
Although there are many benefits to an LLC, that comes with a price. In order to form an LLC in Texas or to register your out-of-state LLC to do business in Texas, you must file the appropriate form (link to https://www.sos.texas.gov/corp/forms_option.shtml) with the Texas Secretary of State. Additionally, you will be required to pay a filing fee (link to https://direct.sos.state.tx.us/help/help-corp.asp?pg=fee). Finally, the LLC must continue to file annual reports (link to https://www.sos.state.tx.us/corp/forms_reports.shtml) in order for the business to remain in good standing with the Texas Secretary of State.
 
Whether you are forming a new startup company or considering converting an already existing business to an LLC, you should talk to an experienced business law attorney in your area.

About the Author

William A. Pigg

William A. “Bert” Pigg received his J.D. from Tulane University School of Law in 1995 and his B.A. summa cum laude from Fordham University in 1992. Licensed in Texas and Louisiana, Mr. Pigg practiced law with a firm in New Orleans until Hurricane Katrina, after which he became a solo practitioner. In addition to his state court practice, Mr. Pigg is a former Special Counsel to the Chapter 7 Trustee in the Western District of Louisiana and has appeared before the United States Supreme Court, the U.S. 5th Circuit Court of Appeals and numerous Federal Courts in Texas, Louisiana, California, Pennsylvania and New Jersey. 

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