I have been doing audio equipment design/repair/build work for about 10 years as a hobby, and recently have been getting more work through acquaintanceship. I was thinking to start a simple LLC to isolate myself from any possible complications with the work I do for people outside myself and close connections. I have many electronics tools and measuring equipment that I really only use for this work and I was wondering how it works for a new LLC to purchase this equipment from me. The LLC would have some, but little, profit as a lot of the work is just for the enjoyment of the work, and the LLC is more meant as an insurance. (ie if someone misused equipment and it caused damage etc leading to suit, I don’t want to lose my shirt, but a soldering iron and oscilliscope would be OK). I also feel it appropriate to account for what little income it generates in a more formal manner than just adding it as other income on my taxes.
Also I occasionally do Mathematical/Software consulting work and was wondering if I can include that work in the LLC as well, or if it would need to be a separate entity because the nature of that business is different?
I have some books in the mail regarding starting and operating an LLC, but before I initiate it I was hoping to get an idea of the above two concerns or if there are any complications I would need to watch out for in the given scenarios.
Thanks.
I do not have any kind of insurance. This is not my full time job, which is an analytically consultant for a large corp. Basically it started strictly as a hobby 10 years ago collecting and refurbishing vintage equipment. It has grown to the point where I occasionally buy, sell, and bill for the work, and also the nature of the electronics are considered by some to be dangerous. IE vacuum tubes, high voltages, etc. Mostly musical amplifiers, hifi, and antique speaker refurbishing. Occasionally vintage computing equipment. Things that could be dangerous or expensive if a moron did something stupid. Not that my clients are morons, but I can’t speak for everyone that comes into contact with gear I work on or sell, or if they left it on when they went on vacation etc. Also since I only use tools like an oscilloscope (for example) for this work, it would be nice to write those tools (which can be $$$) off as part of the business since I claim the income from any sales. General
Yes, your LLC can acquire your tools. Simplest way is for you to contribute them to the LLC as a capital contribution. To solidify your liability-firewall objective, execute whatever documentation is necessary to ensure that the LLC is recognized under appropriate law as the legal owner of the assets. An attorney practicing in your particular state would be the best source for determining the requisite documentation.
I’ve never encountered any state LLC statutes which mandated that an LLC can only conduct a single line of business or activity. Just to be sure, though, go to the website for your state’s Secretary of State and peruse the LLC FAQs you’ll surely find there. I’d be surprised, though, if any state had such a single-purpose kind of restriction in place. (Note that this doesn’t consider such restrictions as implemented by certain licensing authorities, such as the restrictions that law firms can (generally) only practice law, etc. It doesn’t sound from your post that this would be relevant in your case.)
Beyond that, though, many multi-business organizations do indeed wrap separate LLCs around their individual activities, for the purpose of insulating each set of assets from potential claims and liabilities of the other activities. With each separate LLC giving rise to a fresh set of costs (annual state fees, etc.), whether or not you’d wanna go this multi-LLC route depends on the nature of your two different activities, the likelihood of legal claims against either one, and the aggregate value of the assets employed in each activity.
All that gobbledygook aside, I doubt that a consulting activity would call for a second LLC.
As a side note, kudos for thinking through the "what might go wrong" scenarios and anticipating steps you might take to cut ’em off at the pass. And I’ll reiterate the advice for a brief pow-wow with an attorney. Liabilities and legal claims are generally critters dealt with at state law level, and so an attorney familiar with such matters in your state will have the best advice on what kinds of firewalls work and which don’t in your particular state and circumstance set.
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