Legal Question in Business Law in Delaware

Advantages of S corporation over LLC

i am individual based in New Jersy and wish to start up a consultancy business in IT area. I need your advise

(a) Whether I should start my business as LLC Corporation or S Corporation. What is the meaning of the Limited liability which is one of the features of LLC corporation.

(b) Considering the fact that I am based in New Jersey shall I go in for Incorporation based in Delaware ? what are the additional advantages of being based in Delaware.


Asked on 7/09/00, 10:23 pm

4 Answers from Attorneys

P. Patel Patel Law Offices

Re: Advantages of S corporation over LLC

I represent many IT companies in NJ. Very few are DE entities. The questionable benefits DE law is simply just not worth the costs.

Unless you are on an H-1, you should probably be a NJ S corp or LLC. Most of my IT clients are NJ LLCs.

Feel free to call me at 800-857-0546.

P. Patel, Esq.

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Answered on 9/08/00, 9:44 am
Walter LeVine Walter D. LeVine, Esq.

Re: Advantages of S corporation over LLC

Since NJ permits one-man Limited Liability Company (LLC), I suggest using it rather than an "S" corporation. While both provide limited liability and income (profits and losses) pass through to the owner, there is no state income tax at the corporate level in a LLC. Unless you are conducting business outside NJ, and sales taxes are an issue, there should be no reason to have the business created in DE. I can assist you in the formation, call me at (973)-377-3313.

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Answered on 9/08/00, 12:33 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Advantages of S corporation over LLC

You should definitely be a NJ LLC rather than a DE LLC. To check the best form of legal entity, try my free Legal Entity Determinator at http://www.taxesq.com/choice.html

Please call me at 856 665-2121 and we can discuss this further.

Ronald J. Cappuccio

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Answered on 9/08/00, 9:15 pm
Marc S. Bragg Bialecki & Bragg

Re: Advantages of S corporation over LLC

Lots of questions. Circumstance dependent.

Take a look at Matt Strebe's book:

Surf to Serfer at amazon.com

Great book, and not just b/c I wrote the legal

part. It's very helpful, very funny, he's very

successful.

[email protected]

http://zensoccer.com/Sponsors/b/

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Answered on 9/08/00, 10:40 pm


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