Legal Question in Business Law in Maryland

sole propreitorship or llc

I am starting a credit repair company and it is just me dba. I wanted to know which would be the best for me right now starting out. Do as a sole pro or an llc company?


Asked on 11/24/08, 7:00 pm

2 Answers from Attorneys

Steven Rinaldi Steven D. Rinaldi, P.C.

Re: sole propreitorship or llc

I would consider either an llc or an s-corporation depending on what you future growth plans are. S-corporations can be very restrictive, in that generally they can only have one class of stock. If you plan on bring in more people, you may be better off in an llc. Also a single member llc is taxed as a sole proprietorship. You simply include schedule C on the back of your annual tax returns.

I would never advise anybody to do a sole proprietorship, because all liability for the acts of the business passes through to you personally.

A credit repair business can be a high liability business. You may be better off establishing the business in Nevada rather than Maryland. Nevada allows you to put a lien on your business' assets. If you are sued and the plaintiff gets a judgment, the plaintiff becomes a second in line creditor. A lien creditor takes priority over a judgment creditor generally.

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Answered on 11/25/08, 10:57 am
Steven Rinaldi Steven D. Rinaldi, P.C.

Re: sole propreitorship or llc

I would consider either an llc or an s-corporation depending on what you future growth plans are. S-corporations can be very restrictive, in that generally they can only have one class of stock. If you plan on bring in more people, you may be better off in an llc. Also a single member llc is taxed as a sole proprietorship. You simply include schedule C on the back of your annual tax returns.

I would never advise anybody to do a sole proprietorship, because all liability for the acts of the business passes through to you personally.

A credit repair business can be a high liability business. You may be better off establishing the business in Nevada rather than Maryland. Nevada allows you to put a lien on your business' assets. If you are sued and the plaintiff gets a judgment, the plaintiff becomes a second in line creditor. A lien creditor takes priority over a judgment creditor generally.

Read more
Answered on 11/25/08, 11:03 am


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