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If you’re planning to open a business, an LLC is a great way to protect your personal assets from liability. The tax treatment of LLCs is also advantageous because it allows for pass-through taxation. That said, there are certain requirements that make forming an LLC more difficult than other types of businesses—and some industries don’t even allow them. For example, some states won’t let you register as an LLC if you provide medical services (such as doctors or dentists), and others require that you have at least two members for your new business entity to be effective.
You can do this by filing articles of organization with the state in which you plan to establish your business. The Secretary of State or other official registering agency will usually provide a template for this document, which contains information about your company, including its name and address.
After you have filed these documents, consult with a lawyer and/or accountant who is familiar with forming an LLC to help ensure that all legal requirements are met. Finally, apply for an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) so that you can open a bank account and receive payments from customers without them having to pay taxes on the money they give you upfront.
The first thing you’ll do is select a name for your LLC. You must make sure that the name is not already in use by an existing business, or else you may run into legal trouble later. Once you’ve established that your chosen name isn’t already taken and doesn’t violate any naming laws, it’s time to register with the IRS as a healthcare practitioner.
The next step is to file articles of organization with your state. Depending on where you live, this may be a one-page form or it could take a few hours. To get started, visit the website for your state’s secretary of state or corporation commission and search for “articles of organization filing” or “LLC filing.” You can usually find them under “forms,” but they might also be labeled as “registration” or “formation.” If you don’t know whose office to go to (the secretary of state vs. corporation commission), look up both names on Google and see if either one comes up first.
Just like when we registered our LLC in California earlier in this article, there will be several fields that ask for basic information about your business: name, address and contact information for both yourself and an agent who lives within the same state as you do (more on why later). For example:
An operating agreement is a document that describes how your LLC will be run. It details how the business will be managed, the roles and responsibilities of each member and manager, how profits and losses will be shared, who will make major decisions on behalf of the company, what happens if someone dies or leaves the business, and much more. The operating agreement should outline all these things so that there’s no room for confusion or disagreement later on about how decisions are made.
It is also important for protecting your personal assets from creditors of your LLC. If you have an ownership interest in any other entities—whether they’re related to health care or not—you could lose those assets if they get sued by someone who claims they were injured by something related to those businesses. An LLC liability shield can protect you from losing property tied up in other corporations while still letting them operate separately from one another; however, if no separate entity exists that has its own liabilities (such as an S corporation or C corporation), this protection isn’t available through an LLC alone because it only shields members against liability associated with their own actions taken within their capacity as owners/managers rather than outside activities undertaken by others acting independently).
The EIN is a tax identification number for your LLC. It’s required to open a business bank account, so it’s the next step on your checklist. You can apply for an EIN online, or you can apply by mail—you’ll be asked to fill out Form SS-4 with information about your business and the type of entity you’re creating (LLC).
To get an EIN, you must be eligible according to IRS rules:
If these conditions don’t apply to you but still want access to tax breaks and legal protections from lawsuits brought against other businesses related through ownership interests, consider forming an S corporation instead
You will need this to pay your taxes, keep track of your finances and hold any other investments you make. Your accountant should be able to help you with this process if you have trouble finding the right bank or getting set up.
Once you’ve opened an account, it’s time to establish a line of credit (LOC). A LOC is used when your business needs funds beyond what is in its checking or savings accounts; it allows for more flexibility when managing cash flow issues because LOCs can be set up on short notice and with little paperwork involved.
The takeaway here is that you can create your own LLC, and if you’re doing it for healthcare purposes now or in the future, make sure to follow all of these steps.
There are a lot of steps to becoming an LLC, but it’s worth the effort. Once you have your LLC in place, you can start filing taxes and making money!
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