Failure to Grasp the Basics Of Forming a Single Member Can Leave Exposed to Personal Liability and Creditors

Get help with Colorado LLC operating agreement single member companies

Registering a Single Member LLC in ColoradoThere are various types of business entities under the various state laws. In the case of a single-member LLC under LLC Colorado laws, this business entity only has one member. If you are reading this article, you probably already know that having a sole proprietorship is one of the riskiest business strategies to use.

Unless the business owner chooses to become a disregarded company for tax purposes, the IRS will treat your business as a corporation. The process and filing requirements are no different from the traditional LLC.

Knowing how to start an LLC in Colorado means more than simply filing with the Secretary of State.  About 28% of business owners find themselves personally liable for business actions because they don’t understand the rules of how to start an LLC in Colorado. You have to avoid this peril at all costs.

A limited liability company (LLC) in Colorado is driven by Colorado LLC laws. If you are considering registering a single owner LLC in Colorado or not, it is important to know that the IRS looks at the LLC formation based on the number of members. The business will either be treated as a corporation or business partnership.

If you are registering a Colorado LLC with the Colorado Secretary of State that has more than two members, the IRS would look at the corporate entity as a business organization unless you file a Form 8832. Failure to file an 8832 form would cause the IRS to treat the LLC as a corporation. Worse tax benefits may apply.

What is a Single Member LLC? 

If you elect to register a single-member Limited Liability Company in Colorado as a disregarded business entity with no employees, then an EIC may not be necessary. You should register an LLC in Colorado and open up a new business account. Colorado LLC laws will dictate whether you need a Federal EIN Number.

As a general practice, all LLC companies should have a separate bank account and follow all Colorado LLC laws to maintain personal liability protection. See information about limited liability company operating agreement.

Your company is eligible to get potential tax benefits. However, when registering a single-member LLC in Colorado, you should always seek legal advice about the applicable Colorado LLC laws. If you elect to form an LLC, you can choose for the IRS to treat your company as a sole proprietor or a corporation.

Single Member LLC Colorado Filing Requirements & Benefits

Registering as a Colorado entity, you can maintain the level of control needed to operate the company. The LLC owner also avoids personal liability so long as they follow the letter of Colorado LLC laws.

The filing requirements for a single member Colorado LLC is the same as for a non-single member LLC. Regardless of the type of filings, business owners must comply with the LLC statute or run the risk of personal liability. Note that you do have to file proper articles of organization

Flow-through taxation is always a benefit to becoming a single member owner LLC limited liability company. This means that the business tax benefits also flow through to your personal taxes.

Colorado LLC Personal liability protection. So long as business owners follow the rules, they can be immune from personal liability. Make sure that you have an LLC partnership agreement in place.

Get a Single Member LLC Operating Agreement

As a Colorado single-member LLC, you are not technically required to have an operating agreement.  Nevertheless, you want to make sure that you have one between yourself and the company. Remember, the LLC is a separate legal entity. Just because you happen to be the only person managing the company does not give you a “pass” when something goes wrong. Courts will always look at the operating agreement.

See information about LLC vs Corporation – What Does LLC Stand for in Business?

Why You Need an Operating Agreement

Colorado does not require that you have operating agreements for single-member LLCs. The question is why do you need one. At the end of the day, when a dispute occurs of someone challenges your authority or actions, courts will not look favorably on you if you do not have a single member LLC operating agreement.

By drafting your  LLC operating agreement, you are outlining your own legal authority for acting on behalf of the business.  Now you can:

  • Make plans or make certain commitments for the company
  • Sign contracts on behalf of the entity,
  • Hire employees for the company and make critical business decisions.

For help with single member LLCs Colorado filing requirements, Colorado LLC operating agreements, protecting your personal assets, and help with forming an LLC in Coloradocall our Denver, Colorado business lawyers at 720-941-7200 for a FREE Initial Consultation.

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