Should I get a LLC

2) If a court determines that you have committed fraud, even through your LLC, all protection is off. An LLC protects you from frivolous lawsuits, but if you've been blackhatting ecigs by telling people they CURE cancer, there's not much that will prevent you from getting sued at a personal level. This is why I personally suggest blackhat methods for white (or light grey) products.

Why do you keep saying that he is involved with fraud?
 
Sorry noob question here..

Can people outside US obtained LLC as well??
 
Why do you keep saying that he is involved with fraud?

I'm not. But it seemed wise to point out the distinction. With eCigs you still get the nicotine and OP even mentions that some people want to get them banned.

I haven't got a clue what he's doing to advertise, but I've seen several eCig ads that tout the "health benefits".

All it takes is one aggressive Lawyer who wants to make a point, or try to drive you to a settlement. It's not whether they would win, they can bleed you dry in court. All it would take is some fancy lawyer work and they could probably get a judge to subpoena the LLC owner personally, citing "fraud" whether it's there or not.

I mentioned it because the general tone of many posts in this section of the forums seem to indicate that people think that an LLC is like a bulletproof car, and that there's no way they can be personally sued for something done THROUGH an LLC. I have no idea if the OP thought that, but it seemed wise to bring it up in general.
 
i was wondering about this too. lots of good info in this thread, thanks
 
Yep I can only agree with Warbucks says. The primary reason to incorporate a LLC is for your own protection and not do any funny stuff.
 
Yep I can only agree with Warbucks says. The primary reason to incorporate a LLC is for your own protection and not do any funny stuff.

That's another misconception. If you get sued, they can still get at your personal assets.
 
Being incorporated, even limited liabilty is always a good idea IMO if you're doing business, even a small amount. It also can be helpful for tax purposes if your tax preparer is down.

Think about it like this, most states are slightl under $100-$150 to form an LLC (anual renewals are the norm I've lived in a good number of states in the last few years and it ranges from like $35-$85 to renew generally around 1/3 the original cost) and once you do that (or even before its processed once you get it started) the IRS will give you an EIN instantly on their website with a very basic form. This makes it cheap, quick and easy; if you're lazy or doing big business and afraid (or smart) that you may mess something up that will haunt you then guess what; professional attorneys will create a LLC for you for around $125-$175 in your local city or you can ge it done online for around $50, both of these prices are on top of what it costs.

If you are not pulling a profit above $100 to form your LLC and $50 a year after that then you are obviously not doing enough business to worry about it. But, in my opinion if you are even just barely breaking a profit above those low fees then the peace of mind and protection if something comes up are worth it.

That's another misconception. If you get sued, they can still get at your personal assets.

That is true and not. If you're basically a 1 man show and using your LLC with the intention of shielding yourself from suit they will easily be able to sue and go after your personal assets as well. I can't remember but the slang is like a business/corporate veil. If you created your LLC with the best intentions and follow good practices such as paying yourself a salary and reinvesting or holding profits above that amount in your LLC name, having maybe another 1-2 people on the LLC, and basically just treating the LLC like it is a business instead of an extension of you or a personal piggy bank and, although you're the owner, things are kept seperate generally you will be alright as long as you aren't blatantly fraudulent with your business/practices and you retain a good attorney.
 
I don't even sell any products and I just do web design and other web services and I'll be getting an LLC in the next month.

I mean, why not? It's only a hundred dollars or so and there's less tax and less liability :)
 
You can't really go wrong with incorporating. Why not spend a couple hundred bucks to incorporate to be able to sleep at night knowing if you get sued, only the company is liable? I say better safe then sorry.
 
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