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If your business is structured as a corporation, S-corp taxation allows you to avoid having company profits taxed at both the corporate and shareholder level. If your business is an LLC, S-corp taxation allows you to be a company employee, potentially saving money on taxes.
Since you arent required to file this document with the state, there is no filing fee associated with it. However, your Operating Agreement needs to be adopted around the time you file your Articles of Organization, which costs $200 in New York.
Unlike most states, New Yorks LLC law requires LLC members to adopt a written operating agreement. The Operating Agreement may be entered into before, at the time of, or within 90 days after filing the Articles of Organization.
LLCs can have an unlimited number of members; S corps can have no more than 100 shareholders (owners). Non-U.S. citizens/residents can be members of LLCs; S corps may not have non-U.S. citizens/residents as shareholders. S corporations cannot be owned by corporations, LLCs, partnerships or many trusts.
An operating agreement doesnt have to be docHubd in New York to be legally binding, however, having the operating agreement docHubd can be helpful as it proves the document existed on a certain date.
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Who pays more taxes, an LLC or S Corp? Typically, an LLC taxed as a sole proprietorship pays more taxes and S Corp tax status means paying less in taxes. By default, an LLC pays taxes as a sole proprietorship, which includes self-employment tax on your total profits.
Although youre able to make an Operating Agreement at any time, its often best to make one at the very beginning to help guide all business decisions. An LLC Operating Agreement can be for a single-member or multi-member LLC.
Although youre able to make an Operating Agreement at any time, its often best to make one at the very beginning to help guide all business decisions. An LLC Operating Agreement can be for a single-member or multi-member LLC.
The members of an LLC are required to adopt a written Operating Agreement. See Section 417 of the Limited Liability Company Law. The Operating Agreement may be entered into before, at the time of, or within 90 days after the filing of the Articles of Organization.
No, your Operating Agreement doesnt need to be docHubd. Each Member just needs to sign it. Once you (and the other LLC Members, if applicable) sign the Operating Agreement, then it becomes a legal document.

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