(918) 647-2268 / (479) 245-2520

Knight, Stockton, and Cunningham
Knight, Stockton, and Cunningham
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    • Robert L. Stockton
    • Thomas A. Cunningham
    • Ted A. Knight
    • Cameron L. Horton
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    • Quiet Title Lawsuits
    • Attorney's Title Opinion
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    • Home
    • Payment
    • Our Attorneys
      • Robert L. Stockton
      • Thomas A. Cunningham
      • Ted A. Knight
      • Cameron L. Horton
    • Practice Areas
      • Real Estate
      • Real Estate Litigation
      • Quiet Title Lawsuits
      • Attorney's Title Opinion
      • Probate
      • Elder Law
      • Estate Planning
      • Business
      • Arkansas LLC
      • Civil Litigation
      • Child Custody
      • Guardianship
      • Criminal
      • DUI
      • Divorce
      • Adoption

(918) 647-2268 / (479) 245-2520


  • Home
  • Payment
  • Our Attorneys
    • Robert L. Stockton
    • Thomas A. Cunningham
    • Ted A. Knight
    • Cameron L. Horton
  • Practice Areas
    • Real Estate
    • Real Estate Litigation
    • Quiet Title Lawsuits
    • Attorney's Title Opinion
    • Probate
    • Elder Law
    • Estate Planning
    • Business
    • Arkansas LLC
    • Civil Litigation
    • Child Custody
    • Guardianship
    • Criminal
    • DUI
    • Divorce
    • Adoption

Arkansas Limited Liability Company

Let KSC Law Help You

Should Your Arkansas Small Business Be an LLC?


Starting a business in Arkansas is exciting, but it also comes with important choices — and one of the biggest is deciding on your business structure. The form you choose will affect your taxes, liability, and even how lenders and customers view your business.So, should your small business be an LLC, or is a sole proprietorship or S-Corp the better option? Let’s break it down.


Sole Proprietorship: The Easiest Path


If you’re just starting out, the simplest structure is a sole proprietorship. In Arkansas, you don’t need to file formation documents with the state — you can operate under your own name or register a “Doing Business As” (DBA).


Advantages:

  • Fast and inexpensive to set up.
  • No separate business tax return.


Drawbacks:

  • No liability protection — your personal assets are on the line if your business is sued.
  • Less credibility with banks and investors.


This structure can work if your business is low-risk or just a side hustle, but most entrepreneurs outgrow it quickly.


LLC: Protection and Flexibility


Forming a Limited Liability Company (LLC) is often the next step for small businesses in Arkansas. By filing Articles of Organization with the Secretary of State, you create a legal entity that separates your personal and business finances.


Why Arkansas Small Businesses Choose LLCs:

  • Liability Protection: Your personal assets are generally shielded from business debts and lawsuits.
  • Flexibility: LLCs don’t require a rigid corporate structure.
  • Tax Simplicity: By default, profits “pass through” to your personal return, avoiding double taxation.
  • Credibility: Many lenders and customers prefer working with LLCs.


For most growing businesses, an LLC offers the right balance of protection and simplicity.


Adding an S-Corp Election


Once your LLC is up and running, you may wonder whether to elect S-Corporation status with the IRS. This doesn’t change your Arkansas LLC status — it just changes how you’re taxed.


Potential Benefits of S-Corp Taxation:

  • Reduce self-employment taxes by paying yourself a salary plus dividends.
  • Possible long-term tax savings if your business generates consistent profits.


Considerations:

  • You must pay yourself a “reasonable salary.”
  • Payroll and IRS compliance are more complex.
  • Not always worth it for brand-new or low-profit businesses.


In short: an S-Corp election can be smart once your business income reaches a certain level, but it’s not necessary from day one.Which Structure Fits You Best?

  • Hobby or very low-risk business? Sole proprietorship might work.
  • Ready to grow and protect your assets? LLC is often the best choice.
  • Profitable LLC with steady income? Consider electing S-Corp taxation for potential savings.


Final Word


For most Arkansas entrepreneurs, forming an LLC is the smartest move. It protects your personal assets, gives your business legitimacy, and sets you up for future growth. From there, you and your advisors can decide whether an S-Corp election makes sense as your profits rise.If you’re unsure which path is right for your business, consulting with both a lawyer and a tax professional is the best way to make a confident decision. 

Our Attorneys

Robert L. Stockton
Thomas A. Cunningham
Ted A. Knight
Cameron L. Horton

 Copyright © 2024 Stockton Law Firm, PLLC dba Knight, Stockton & Cunningham & KSC Law - All Rights Reserved. 

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