Legal Question in Business Law in Nevada

Forming a sole proprietorship or LLC

When starting a part-time, one-person, small home business is it best to form a sole proprietorship or an LLC when you want to limit your liability but don't expect to be making a very big profit?


Asked on 10/10/03, 6:45 pm

3 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: Forming a sole proprietorship or LLC

It is better to be an LLC or an S corporation. You not only get a shield to personal liability but you can get deductions and corporate perks. James E. Smith

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Answered on 10/10/03, 7:08 pm

Re: Forming a sole proprietorship or LLC

Because you have no employees, if you were to commit any torts, the most likely scenario is that both you as the tortfeasor, as well as your LLC, by virtue of its vicarious liability, would be jointly and severally liable. For contract purposes, however, you might be able to limit the liability to the LLC only, assuming someone is willing to contract with you without a personal guarantee.

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Answered on 10/10/03, 7:33 pm
Joel Selik www.SelikLaw.com

Re: Forming a sole proprietorship or LLC

A S Corporation or LLC may shield some liability but not for your personal actions. It may be less expensive if you were not to form any entity but simply to have proper insurance. You should consult with an attorney regarding the details of your business and the plusses and negatives.

Joel Selik

702-243-1790

www.SelikLaw.com

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Answered on 10/11/03, 12:59 pm


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