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Limits of Personal Liability Protection Suing an LLC for personal injury sometimes involves also suing individual members. Any LLC owner who personally guarantees an LLC debt, such as a bank loan, will be personally liable to repay the debt if the LLC defaults on its payment.
A liability is any financial obligation of your business. Some of the most common business liabilities for which an owner can find him or herself personally responsible include: Loans, mortgages, and other types of debt. Income tax and other taxes payable.
A limited liability company (LLC) offers protection from personal liability for business debts, just like a corporation. While setting up an LLC is more difficult than creating a partnership or sole proprietorship, running one is significantly easier than running a corporation.
If you form an LLC, you will remain personally liable for any wrongdoing you commit during the course of your LLC business. For example, LLC owners can be held personally liable if they: personally and directly injure someone during the course of business due to their negligence.
The general guidelines are: Individuals or a business owned by an individual (sole proprietorship) can sue up to $10,000. Corporations, LLCs, and other business entities are capped at $5,000. If a bodily injury or other specific actions are part of the suit, the limit is $7,500.
Like shareholders of a corporation, all LLC owners are protected from personal liability for business debts and claims.Because only LLC assets are used to pay off business debts, LLC owners stand to lose only the money that they've invested in the LLC. This feature is often called "limited liability."
Bank debt. Mortgage debt. Money owed to suppliers (accounts payable) Wages owed. Taxes owed.
Just as with corporations, an LLC's money or property cannot be taken by personal creditors of the LLC's owners to satisfy personal debts against the owner.
Owners have unlimited liability; may have to cover debts of other, less financially sound partners. Double taxation because both corporate profits and dividends paid to owners are taxed, although the dividends are taxed at a reduced rate.