Q: My business partner & I are starting an online graphic design company.Should we operate as Sole Proprietors or as a LLC?
We will be designing brochures, logos, flyers, etc. for businesses nationally.
A: By virtue of the fact that you have a business partner, you won’t be able to operate as a sole proprietor. It would be a partnership. The decision to operate as an LLC, partnership or a corporation will vary depending on the type of business, growth trajectory of the business, such as if you ever plan on bringing in outside investors etc. You and your partner will be best served by contacting an attorney to guide you with this process, as well as assist you in drafting either an operating agreement, bylaw or partnership agreement that include critical partnerships terms such as buyout of one partner etc.
1 user found this answer helpful
A: I agree with Attorney Chidolue, and add this determining the tax status for the long term is often a function of an accountant or tax attorney. I suggest that working with both an attorney and a accountant is a good first step.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.