Form LLC or no

Discussion in 'Ask An Owner Operator' started by RichTrucker2020, Aug 11, 2020.

  1. RichTrucker2020

    RichTrucker2020 Light Load Member

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    So am reading LLC doesn't protect the owner from personal liability in terms of damage? It only protects the banks from going after personal assets because of loan default. So for the small 1 truck owner operator paying cash for equipment, is it worth getting LLC? Especially where I am from in Texas, it costs 300 bucks to file.
     
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  3. Spyro2112

    Spyro2112 Medium Load Member

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    Thats assbackwards,, call ooida, 700 bucks foe everything
     
  4. TallJoe

    TallJoe Road Train Member

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    1. If you are the person responsible for the harm, then no LLC will protect you. That goes for any CEO of any LLC or corporation. LLC will protect you in case your employee will cause harm.

    2. Banks will try and go after your personal assets if you signed something that will give them such avenue. For instance, if you signed a loan that is guaranteed by you personally.

    3. It is better to form LLC than not to do it at all because in principle it separates the business entity from you as a person. If you expand and hire more people this will become necessary for things like protecting yourself as a private person from accidents and lawsuits created by your employees.

    4. LLC or Corporation will enable you to choose to file with IRS as S-Corporation, which means that you can save on Taxes. The way it works is that you need to pay yourself a reasonable salary and the rest of your profits you can take as an owner's draw - which is where the savings are. The owner's draw or dividends are taxed less than your salary (payroll checks) where you pay income tax, social security tax and medicare, unemployment insurance etc.

    5. In order to pay yourself a reasonable salary, you have to pay yourself about as much as the industry standards indicate. For example, if you run 2000 miles a week, then at least 30c - 35c per mile should be compensated for such a workload. OR ask yourself a question, if you could find a person that would agree to do the work you do for as much as you pay yourself.
     
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  5. RichTrucker2020

    RichTrucker2020 Light Load Member

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    Good write up. Thanks. So I still don't see much benefit for the single truck OO. The s-corp benefit only makes sense if I am netting a good amount more than 50K. Starting out as sole proprietorship and then switching to LLC if and when getting bigger makes more sense.
     
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  6. TallJoe

    TallJoe Road Train Member

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    I think so too.
     
  7. tola

    tola Bobtail Member

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    I would create llc to protect yourself and keep your business separate from personal stuff. I would open business checking account under your llc name. You can open llc in different state. People use llc for many purposes.
     
  8. kimbosa

    kimbosa Medium Load Member

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    A DBA WOULD BE OKAY TO START THEN IF ITS WHAT YOU WANT TO DO AND MAKE BIG MONEY AND THEN FILE CORP.
     
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  9. RichTrucker2020

    RichTrucker2020 Light Load Member

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    Yes this seems to be the most cost effective logical way. DBA and when big enough, change that DBA to LLC with s-corp Tax structure.
     
    Last edited: Aug 12, 2020
    kimbosa Thanks this.
  10. RichTrucker2020

    RichTrucker2020 Light Load Member

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    Yes, I can open LLC in different state that has low fee but it complicates it from what I read.
     
  11. NightWind

    NightWind Road Train Member

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    If you are a one member LLC (like me) then yes it will protect your assets as long as you run it like a business. My company doesn't have any assets as they are in my name. The company leases the equipment from me, in the lease I am also protected. The bottom line is if you are going to be in business then run it that way.
     
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