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LLC and Corporations

Kalispell Business Lawyers

LIMITED LIABILITY COMPANY: This is one of the most popular forms business entities that we form. Within 60 days of formation a LLC may make an election to be taxed as a partnership or an S Corporation.

Advantages of Limited Liability Companies: Members have limited liability, High degree of flexibility in organization (losses do not need to be proportionate to profits thus assisting in attracting capital contributions, Favorable pass through taxation status, diminished business formality requirements, ownership of other companies or partnership with other companies permitted; i.e. an LLC may own or be a partner of another LLC. This is particularly advantageous for real property as each property development may be separated in different LLC's and each receive an additional level of liability protection.

SMALL CORPORATIONS: similar to the LLC in that favorable pass through taxation status, reduced business formality requirements as compared to a C corporation however, more requirements than the LLC otherwise similar to the LLC.

  • Disadvantage comparison to LLC: more complexities in formation and maintenance, cannot own or partner with other companies, limit in number of shareholders, S corporations are taxed to the owners in proportion to the ownership interests, profits and losses must equal ownership interests.
  • Advantage of Small Corporation: TAX SAVINGS: presently S. Corporations may declare dividends at the rate of 15%. When and how much may be declared is a legal and tax issue that would need to be discussed before formation and consultation with an accountant is recommended. Declaring a dividend, may lower your marginal taxable rate and reduce liability for self-employment taxes. Distributions from S. Corporations are usually payroll tax free.

C. CORPORATION: Utilized by larger companies or companies expecting immediate increased growth. The primary benefit is that capital may be raised through the sale of capital stock, with certain limitations. (subject to SEC and Blue Sky limitations). The owners have limited liability. The company may own other companies and may partner with other companies and LLC's, Unlimited Corporate Life, favorable tax treatment dividends taxed at 15% as with S. Corporations. C corporations are more difficult to form and require greater corporate and governmental compliance requirements, Dissolution may trigger additional taxes. Income may be retained in the Company but may be subject to double tax at the Corporate level and then upon distribution to the shareholders.

Other Entities: Our office provides organizational services for professionals through formation of Professional Limited Liability Companies, Professional Limited Liability Partnerships and Professional Corporations. We provide specially tailored services for professional companies based upon each companies needs and the benefits that may be provided by each type of entity.

BUSINESS PLAN USES: Obtain financing (whether from borrowing or equity investments), provide a yardstick against which future performance will be measured, Keep management and employees on track when the inevitable daily problems that arise, Define the business culture that will be communicated to the employees, customers, supplies, etc.

There are many other business issues and services our company provides:

  • Answers to many common questions Leasing vs. Buying
  • Preparation of Employee Handbooks and Procedure Manuals
  • Preparation of drug testing programs
  • Advice on implementation of Human Resource Management Issues
  • Risk Management to protect against Wrongful Discharge Claims
  • Workers' Compensation Evaluations Independent Contractor vs. Employee

HUMAN RESOURCE SERVICES: We can set up a HR plan for your company for self-administration or prepare a plan and administrate human resource issues for your company.

COLLECTION SERVICES: On occasion consider collection matters that exceed $25,000.00 on a contingency fee basis dependent upon our investigation of the debtor and availability of use of the legal system to collect assets. Contact our office for a quote. We particularly focus on Montana Legal Debts subject to Montana Jurisdiction and Montana Law.

FREE CONSULTATION: We offer a Free Consultation to prospective business clients simply fill out the free consultation form and we will contact you to set up an appointment or contact our office directly via telephone and we will set up an appointment at your earliest convenience.

FLAT FEE SCHEDULE: We offer business formation services starting at $600.00 for a simple LLC plus filing fees charged by the Secretary of State. After reviewing your business transactional needs we can provide you with a Flat Fee Quote. Litigation Cases are charged at our normal hourly rate of $150.00 per hour for attorney time.


The Montana personal injury attorneys at Anderson & Bliven, P.C., handle all types of Personal Injury, Criminal Law, Family Law, Business Law, and Social Security Disability matters in Kalispell, Columbia Falls, Whitefish, and throughout the state of Montana. If you have been injured by a foodborne illness, auto accident, or suffered any type of injury, call our Kalispell personal injury attorneys at (406) 755-6828 or toll-free at (888) 757-6828 for a free consultation with an experienced attorney.

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