Ask HN: LLC or Sole Proprietorship

3 points | by dandeto 3 hours ago

1 comments

  • ProllyInfamous 2 hours ago

    Check and see what your state's "judgment-proof statutes" are, i.e. how much you can protect from garnishment/seizure, in the event that you lose a lawsuit (the entire reason to create an LLC would be to limit your personal liability — this often fails, particularly in situation where you could have been just a sole proprietorship).

    As an example, here in Tennessee, you may exempt $10,000 from seizure, plus $1900 in work tools (including computers). Therefore, if you have less than $11,900 in Tennessee, you are judgment proof. If you are judgment proof, there is no reason to create an LLC.

    In Texas, your entire homestead is exempt!

    Also, LLCs cannot represent themselves in court (i.e. require an attorney for litigation). You must also file quarterly taxes, tangible property taxes, &c. Dissolving the LLC costs way more money than creation.

    Really just an all-around pain in the buttocks.

    Src: Have worked individually as sole proprietor, LLC, and s-corp — the latter at least simplifies taxes.

    See also: <https://en.wikipedia.org/wiki/Piercing_the_corporate_veil>