What is a different between LLC vs Corporation, S-corp, C-Corp?

Updated time: Aug 07, 2020, 13:45 (UTC+07:00)

Limited Liability Company (LLC)General CorporationS-CorporationC-Corporation
FormationDelaware State filingDelaware State filingDelaware State filing. Within 75 days of formation, IRS filing of Subchapter S election is requiredDelaware State filing. Within 75 days of formation, Form 2553 required to be filed with the IRS
LiabilityTypically, members not personally liable for the debts of the LLCTypically, shareholders not personally liable for the debts of the corporationTypically, shareholders are not personally liable for debts of the corporationTypically, shareholders are not personally liable for debts of the corporation
Raising CapitalPotential to sell interests, contingent upon Operating Agreement restrictionsShares of stock are usually sold to raise capitalShares of stock are usually sold to raise capitalShares of stock are usually sold to raise capital. Venture capitalists and angel investors are typically a good source of funding
TaxationNot taxed at entity level if properly structured. Profit/loss passed through directly to the membersTaxed at the entity level and shareholders receiving dividends are taxed at the individual levelNot taxed at the entity level. Shareholders are taxed at the individual level for profit/lossFringe benefits and owners' salaries can be deducted as business expenses. Shareholders may face double taxation
FormalitiesLess formal meetings and minutes are required; state reporting requiredBoard of Directors, formal meetings, minutes and annual state reports requiredBoard of Directors, formal meetings, minutes and annual state reports requiredBoard of Directors, formal meetings, minutes and annual state reports required
ManagementMembers have an Operating Agreement that outlines management responsibilitiesShareholders elect Board of Directors to appoint officers for day-to-day managementShareholders elect Board of Directors to appoint officers for day-to-day managementShareholders elect Board of Directors to appoint officers for day-to-day management
ExistencePerpetual unless otherwise specifiedPerpetual unless otherwise specifiedPerpetual unless otherwise specifiedPerpetual unless otherwise specified
TransferabilityContingent upon Operating Agreement restrictionsShares of stock are easily transferredShares of stock easily transferred after observing all IRS regulations and ownership requirementsRestrictions on transferring shares of stock.

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