Is it possible...

bg.graf

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I was just wondering, I know most people choose an LLC over SP when forming a business for liability reasons. However, can't you cover your rear in an SP just as much as an LLC if you have a very clear waiver/contract form that your clients sign that specifically states that you are not liable for anything lost, broken, etc.?

Just curious
 
Here are some things to think about:

1. For the cost of one or two small jobs a year, why not get that peace of mind?

2. You may have some limitations when it comes to getting insurance bonded as a SP.

3. It's common to think of a SP for a one-person show, but really who wants to do that for the rest of their life? As soon as you get that first part time employee things get complicated real quick.

Here is some more interesting reading courtesy of the Search function.

http://www.technibble.com/forums/showthread.php?t=33615
http://www.technibble.com/forums/showthread.php?t=32122
http://www.technibble.com/forums/showthread.php?t=31575
http://www.technibble.com/forums/showthread.php?t=27206
 
Yeah I'd looked over a few of those. I guess my big worry is that (as of right now i'm doing this on the side and only supporting a small handful of clients a year) if I find an actual career job offer as I am graduating from college in April, will I want to stay where I'm at and do this full-time or go with the job and do this part-time still, if I'm not making enough money to make an LLC worth it, then I guess its a personal decision as to whether I find more clients or dump the "business"
 
I want to point out something else which may assist your decision. Look at the overall cost between a SP and a LLC. In MN where I live an LLC will cost me between $135 to $145. While the SP under anything execpt my own name I have to file for Assumed Name. That will cost me $40, plus I have to run 2 ads in the local paper costing me another $60. So I can do a SP for $100 or an LLC (which will protect me a little more) for an extra $35 dollars. Again this will vary by state, but make sure you add it all out.

Drake
 
So you're only running ads in the paper if you're an SP? That $60 should apply regardless of your incorporation status.
 
The purpose of an LLC and insurance is to isolate your personal assets from your business assets should something go disastrously wrong.

If (like most college students) you have no assets to speak of and your repairs are limited to residential customers, there's little reason not to keep it simple with an SP and the best customer paperwork you can develop.

Some folks here will make a big deal about insurance and whatnot - but if your exposure is essentially residential type jobs the risk is low. The most someone could claim is you messed up their home computer or lost their digital photos. With good paperwork and clear communication most of that exposure can be largely mitigated.

If you work on business systems/networks where your failure may result in your customer incurring significant costs or losses beyond the immediate value of the item you worked on, then an LLC and and appropriate insurance should be your starting point.
 
An LLC will help seperate your business and personal assets AND DEBTS as long as you avoid doing anything that will "pierce the corporate veil". Keep your finances seperate, do not put personal charges on a business credit card and vice versa and the LLC will protect you.

The reason I capitalized debts is because the protection from liability is not just from things that occur if you get sued by a customer, but also financial liability. If you can get financing for your business without a personal guarantee, then if your business fails, that creditor can only go after business assets. The challege there is that most banks now require personal guarantees on everything, so that is not as big of a deal as it was just a few years ago. However, building business credit seperate from personal credit will help your business get financing down the road and will help minimize the number of business items reporting on your personal credit report.

As for the product liability, just like any other document or contract, a signed waiver can be challenged in court. It is only one layer of protection. The next layer is O&E insurance, then LLC or corporate protection.

For the cost of an LLC, it's cheap protection. In my state, when I formed my LLC, my initial filing fees and publication costs came out to around $400 and there is an update fee of $8 every 2 years. I elected pass-through taxation, so there is no tax difference for me between an LLC and SP.

There is also the marketing benefit of having an LLC...it implies that your business is more mature. all other things being equal, when someone (especially business owners) sees that on your business card, they will most likely give you the business over someone that charges the same price but hasn't put through the effort of being an LLC.
 
I think you are safe at SP, I only LLC'd when I got employee pretty much. And I guess I really only did it because my lawyer told me it was time to do it, keep my house if the biz goes under.

Drake, back when I did SP in MN, I had only one ad to run, but it was $125! ugh...it was also $25. lol
 
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