A Summary
The Texas single member LLC is a
very common vehicle because many businesses are only owned by one
person. Before the Texas limited liability company was available as
a choice of business entities, most single owners operated as a sole
proprietorship. This was because their businesses were too
simple to afford the costs and maintenance of a corporation and the
single member LLC in Texas was not yet available.
Given the low costs, ease of
maintenance and most importantly the limited liability protection
afforded by a Texas single member LLC to its owners, it is without
doubt that a single owner business is better off operating through a
single member LLC in Texas.
The Texas laws specifically
allow for a Texas single member LLC. For tax purposes, the
single member LLC in Texas is considered a "disregarded entity"
which means that operating your business through a Texas single
member LLC as opposed to under a sole proprietorship does not
complicate taxes in any way.
It is taxed as if it were a sole
proprietorship business (which means on your personal tax return),
but you still get all the benefits of a single member LLC in Texas
provided under the state LLC laws.
Another great benefit of the
Texas single member LLC is that it is not required to have meetings
or maintain the level of governance formalities as a corporation.
This simplifies the effort of maintaining a single member LLC in
Texas and thus makes the cost and effort insignificant.
However, one of the biggest
traps of a single member LLC in Texas is that because there is only
one owner who does not have to answer to anyone else, he or she may
forget that the Texas single member LLC exists and operate as if
there is no LLC. THIS IS A MISTAKE and can cause that owner to
lose his/her liability protection. It is always recommended
that a Texas single member LLC have an Operating Agreement and have some minimal governance formalities
that a multi-member LLC would have. This create evidence and
shows that the single member should fall under the protection
afforded by the LLC laws.
In summary, creating a single
member LLC in Texas is an affordable and simple process for
obtaining substantial protection against business obligations. Just
make sure that you properly maintain and operate the Texas single
member LLC, show the public that the business is the single member
LLC in Texas and maintain all paperwork and proper filings and fees.