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Four of us would like to form an LLC. Can we all be subcontractors under the LLC and, if so, what would the pros and cons of this be?

Asked 2 years ago under Business | 634 Views | More Legal Topics

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Sean Santoro | Santoro Law Office Answered 2 years ago | None Contributor with 0 answers This Bonner Springs, KS attorney is licensed in Kansas

In Kansas, forming an LLC does not determine whether or not one is a subcontractor. Whether or not one is a subcontractor is relevant in master/servant relationships, not in corporate formation. So there are really two issues here: 1) Whether, for tax and contract purposes, you are considered  subcontractors; and 2) What contractual format do you want your LLC to take? It sounds as if you are in fact wanting to form a partnership under the aegis of the LLC format. I handle many such corporate matters. If you want to discuss this in more detail, feel free to email me.

Sean Santoro/Licensed in KS and MO/    sean@roadlawyer.net

SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Not entirely sure what you mean by "subcontractors under the LLC"? Essentially, since you are setting it up, you may all be more-or-less anything you like under it:

1) You may all be members; and more specifically, you may all be managing members (have authority and a management role.)

2) You may all be employees (draw a salary and, if appropriate, benefits).

3) You may all be contracted by the LLC to perform work for it as independent contractors (on a 1099) basis, as long as when you set it up, you don't bar (in it's organizing documents) contracting with members.

Hope this answers your question.

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