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South Carolina LLC
Advantages and Disadvantages



South Carolina LLC and Asset Protection



South Carolina LLC

South Carolina Update: - LLC annual reports are no longer necessary in South Carolina. The South Carolina General Assembly passed H4650 which repeals the statutes requiring LLC annual reports in South Carolina. This bill also amends the Certificate of Existence statute in that annual reports are no longer necessary for a Good Standing certificates. All LLC annual reports sent to the Secretary of State's office previous to April 30, 2004 will still be processed since at that time the law still required annual reports.

An South Carolina 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 a limited partnership or a Subchapter S Corporation, are generally prime candidates for a business juststarting. The state of South Carolina gives public support to an South Carolina LLC.

Should I form a South Carolina LLC?

An South Carolina 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 South Carolina to your LLC. Your South Carolina LLC establishes a legal presence within the state, which you can use either as a platform for in-state operations or by registering your South Carolina 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
of a South Carolina 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 South Carolina 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 South Carolina LLC members, the name and address of your South Carolina registered agent, the details of which will be introduced into the body of your LLC operating agreement and related South Carolina LLC formation documents assembled for application to the state of South Carolina.


South Carolina’s Business Tax Climate Ranks 24th

South Carolina ranks 24th 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: Georgia (20th) and North Carolina (30th).

South Carolina’s State/Local Tax Burden among Nation’s Lowest

Taxes as a percentage of income fell from 9.9% in 1990 to 9.0% in 2004. This indicates that individual incomes in South Carolina have risen faster than state/local tax collections over the past decade. Estimated in 2004 at 9.0% of income, South Carolina’s state/local tax burden percentage is ranked 43rd nationally. (See the Excel chart and table).

South Carolina’s Individual Income Tax Systems

South Carolina’s personal income tax system features six income brackets with a top rate of 7% kicking in at a relatively low income level of $12,000. South Carolina’s top rate of 7.0% is 16th highest among states levying personal income taxes. 2002 state individual income tax collections were $476 per person (36th nationally).

South Carolina’s Corporate Income Tax Collections Per Capita, Among Lowest Nationally

South Carolina’s corporate tax structure consists of simply a flat tax of 5.0% on all corporate income. This tax ranks the state 5th lowest among states levying corporate income taxes. In 2001, corporate tax collections reached $47 per capita.


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