An Maine LLC offers business entrepreneurs the form of corporate organization that provides perhaps the most flexibility to you. An LLC formation, like the alternative corporate forms of organization like alimited partnership or a Subchapter S Corporation,are generally prime candidates for a business juststarting. The state of Maine gives public support to an Maine LLC.
Should I form a Maine LLC?
An Maine LLC satisfies a necessary condition of your business planning developement in that it meets the requirement that you establish a legal form of organization in order to gain the statutory benefits and protection available in Maine to your LLC. Your Maine LLC establishes a legal presence within the state, which you can use either
as a platform for in-state operations or by registering your Maine LLC via your agent's physical address in order to
meet the purely statutory requirement for tax and filing purposes absent an in state operation.
Advantages and Disadvantages Maine LLC
Advantages of Limited Liability Company
Limited Liability: Owners of a LLC have the limited liability protection of a corporation.
Flexible Profit Distribution: Limited liability companies can select varying forms of distribution of profits. Unlike a common partnership where the split is 50-50, LLC have much more flexibility.
No Minutes: Corporations are required to keep formal minutes, have meetings, and record resolutions. The LLC business structure requires no corporate minutes or resolutions and is easier to operate.
Flow Through Taxation: All your business losses, profits, and expenses flow through the company to the individual members. You avoid the double taxation of paying corporate tax and individual tax. Usually, this will be a tax advantage, but circumstances can favor a corporate tax structure.
Disadvantages of Limited Liability Company
Limited Life: Corporations can live forever, whereas a LLC is dissolved when a member dies or undergoes bankruptcy.
Going Public: Business owners with plans to take their company public, or issuing employee shares in the future, may be best served by choosing a corporate business structure.
Added Complexity: Running a sole-proprietorship or partnership will have less paperwork and complexity. A LLC may federally be classified as a sole-proprietorship, partnership, or corporation for tax purposes. Classification can be selected or a default may apply.
By Maine and other state law in order to proceed with forming a llc, you need to prepare a written abstract detailing
your llc purpose, the names of your initial Maine LLC members, the name and address of your Maine registered agent,
the details of which will be introduced into the body of your LLC operating agreement and related Maine LLC formation documents assembled for application to the state of Maine.
Maine’s Business Tax Climate Ranks 42nd
Maine ranks 42nd in the State Business Tax Climate Index, which measures the impact on business of five major elements of the tax system: the percentage of income taken by all taxes, the individual income tax rates, the corporate income taxes, the sales tax rate, and the complexity of the tax system. Neighboring states ranked as follows: New Hampshire (5th) and Massachusetts (33rd).
Maine’s State/Local Tax Burden Second Highest in the Nation
For the past 14 years, Maine has consistently had one of the nation’s highest tax burdens. Estimated in 2004 at 12.3% of income, Maine’s state/local tax burden percentage remains the second highest nationwide, well above the national average of 10.0%.
Maine’s Individual Income Tax System
Maine’s personal income tax system consists of four brackets with top rate of 8.5% kicking in at an income level of $16,699. This top rate ranks the state 5th highest among states levying personal income taxes. Maine’s 2002 individual income tax collections were $828 per person (ranked 13th highest nationally).
Maine’s Corporate Income Tax System
Maine’s corporate tax structure consists of four brackets with a top rate of 8.93% kicking in at an income level of $250,000. Among states levying corporate income taxes, Maine’s top rate ranked 11th highest. Despite this, in 2001, corporate tax collections reached $75 per capita, ranked 31st nationally.