General liability insurance is not typically a legal requirement, but it is very strongly recommended. This policy protects your business assets from lawsuits-without it, a legal claim could force your company out of business entirely. A general liability insurance policy covers injuries, property damage, personal liabilities, advertising liabilities, and legal defense and judgment.
The law specifies that all taxable personal property must be assessed as of a specific point in time, and that point is precisely at 12:01 a.m. January 1 (regardless of what transpires after that date). Even if closed shortly after the lien date, a business must still file a Business Property Statement and pay taxes for the coming fiscal year on any taxable property they owned on the lien date.
Flexible Profit Distribution For an LLC, if the members choose, the net income/profits of the LLC may be allocated to the members in different proportions to their ownership percentage in the LLC. This is different from a corporation, as corporations are required to distribute profits exactly accordance with the proportion/percentage of ownership of each shareholder.
An important part of LLC formation is the registered agent. A registered agent must be a person who is located in the state in which you are forming your LLC. This is the person you designate to receive legal service of process, as well as government forms and notices, on behalf of your LLC. He or she must have a physical street address (not a P.O. box).
Another important component when you are determining how to form an LLC is the creation of an LLC operating agreement. While operating agreements are not required under state law when forming an LLC and do not have to be filed with the state, they are very important documents to create because they help you and any other members of the LLC organize your business, plan for the future, and put all pertinent facts in writing.
In a few states, you must take an additional step to make your company official: You must publish a simple notice in a local newspaper, stating that you intend to form an LLC. You are required to publish the notice several times over a period of weeks and then submit an "affidavit of publication" to the LLC filing office. Your local newspaper should be able to help you with this filing.
Decide if your LLC will be member-managed or manager-managed. A "member" of an LLC is either an owner of or investor in that LLC. A member-managed LLC affords each member equal rights in deciding how the business will be run. A manager-managed LLC is where the members elect several from their number to be responsible for the company's business affairs.
An LLC that does not want to accept its default federal tax classification, or that wishes to change its classification, uses Form 8832, Entity Classification Election (PDF), to elect how it will be classified for federal tax purposes. Generally, an election specifying an LLC’s classification cannot take effect more than 75 days prior to the date the election is filed, nor can it take effect later than 12 months after the date the election is filed. An LLC may be eligible for late election relief in certain circumstances. See About Form 8832, Entity Classification Election for more information.
A grocery store goes out of business prior to January 1st but equipment such as freezer boxes and store shelving remains in the building on that date. In this case, such items would still be taxable and must be reported even though the business was closed on the Lien Date. That is because in this case, the equipment could not revert to or be used as "Household Furnishings or Personal Effects".