Getting Started The limited liability company might soon be the vehicle of choice for many small business owners. Most business owners consider only whether they should own a regular corporation, an S corporation, or a partnership. The LLC often offers the best features of the corporation and the partnership and should be seriously considered by most small business owners. The LLC is recognized by law in almost all states now. An LLC is a special form of business organization that protects its owners from personal liability just as a corporation does. But the IRS has recognized the LLC as a partnership for tax purposes, so the LLC does not face the double taxation of profits that a regular corporation faces. In addition, the LLC can divide income and expenses between owners to the same extent that a partnership can. An LLC also avoids the 35- shareholder limit and other restrictions placed on S corporations. If you want to be taxed directly on business income and have the limited liability of a corporation and the flexibility of a partnership, consider the LLC. For more information on forming a Delaware LLC, write to LLC Information Package, 818 Washington Street, Wilmington DE 19801. Delaware has traditionally been one of the best states in which to register companies and hold assets, because the court system is very protective of private property. If you already have either a regular corporation or an S corporation, you will definitely want to consider the advantages of using an LLC. By replacing your S corporation with an LLC, you avoid the risk of the IRS suddenly deciding to tax the S corporation at regular corporate rates because you made some small mistake that caused the S corporation election to be revoked. Another little known tax angle is using an LLC along with your regular corporation. For example, supposing you have a business which owns its own building. You can use a regular corporation for the active business, and take advantage of the tax breaks available to corporations, such as being able to set up a pension plan and health insurance. You then have the LLC own the building, and rent it to the business corporation. The business pays rent to the LLC, which becomes taxable income to you. But since this is rent income, not salary from the business, you don't have to pay social security tax on this part of your income. And having the building owned by the LLC still gives you limited liability to protect you against lawsuits that might arise from being a property owner.