If you own and operate a business that offers cemetery and funeral services, you’ve probably at least considered forming a limited liability company (LLC) for your business. The LLC is a popular option for all sorts of businesses looking for asset protection, and it has a handful of other major advantages as well.
Of course, forming an LLC isn’t the only option for your funeral home, so our mission is to help you decide if it’s the best choice for you. There are many different factors to consider when you’re forming a business entity for your funeral services, so let’s dive into the details of the LLC to figure out if you should form one for your business.
What Is an LLC?
First off, let’s quickly outline what an LLC is. LLCs are formal legal entities that are typically taxed similarly to sole proprietorships and general partnerships, in that the owners include any company profits or losses into their personal returns — the LLC itself does not owe income taxes. An LLC may also elect to be taxed like a corporation, although this is not a very common option.
There are similarities to corporations too, especially when it comes to financial responsibilities. In an LLC, the owners or members are not usually personally accountable for the financial status of the business. This means that if someone sues your LLC, your personal assets are not at risk.
Why Starting an LLC for a Funeral Home Is Important
The top reason to form an LLC for a funeral home is to gain access to the personal asset protection provided by this business structure. Whether your funeral home is a simple operation at a small cemetery or a major service provider with advanced services and hundreds of available plots, you need the limited liability protections that an LLC can provide.
As an example, let’s say that a guest slips on a wet spot on your funeral home’s floor during a service, falls over, and injures themselves. If you operate your funeral home as a sole proprietorship or general partnership, your personal assets — like your house, car, personal bank accounts, etc. — would be at risk if that individual decides to sue your business.
On the other hand, if you form an LLC for your funeral home, and you operate and maintain that LLC in a compliant fashion, the scope of your customer’s lawsuit will be limited to your business assets. In other words, your personal assets will be protected by the business structure you’ve chosen.
However, this is just the tip of the iceberg when it comes to the advantages of the LLC for cemetery and funeral services. Another important aspect is taxation. The LLC actually provides its owners with a selection of options regarding how they want the business to be taxed, which can save you a considerable amount of money compared to simply operating as an informal business entity.
Your funeral home LLC can be taxed as a sole proprietorship (for single-member LLCs) or general partnership (for multi-member LLCs), which is the default option. With this tax structure, your funeral home itself does not pay taxes, but rather the profits are passed through the business entity and your owners pay taxes on that money when they file their own personal taxes.
You can also choose for your cemetery and funeral services to be taxed as a C corporation, although this option isn’t very popular because it subjects your business to what’s known as double taxation — meaning that your profits are taxed first on the corporate level and again on the personal level when they’re distributed to your owners.
The other option is S corporation taxation. There are quite a few limitations to electing S corp taxation, but most cemetery and funeral businesses have no trouble meeting these requirements — your business cannot have more than 100 owners, they all must be either residents or citizens of the United States, etc.
S corp taxation can help your funeral home save money by reducing your self-employment tax burden. Instead of paying self-employment taxes (a 15.3% tax that includes the employer and employee portions of Medicare and Social Security) on all of your business income, you can pay yourself and your co-owners a reasonable salary for your roles and only pay self-employment tax on that portion of your income, while you can reinvest the rest of it into your business without paying this tax.
Compared to operating a sole proprietorship or general partnership funeral home business, the S corp taxation model can save you quite a bit of cash that you can use to buy expensive embalming and refrigeration equipment and make other improvements to your business, rather than writing a big check to Uncle Sam.
Finally, an LLC structure can enhance the credibility of your cemetery and funeral service business venture. Informal business entities don’t have exclusive assumed business names and typically operate under the personal name(s) of their owner(s). For instance, if your name is Johnny Smith and you operate a funeral home sole proprietorship, your company’s name is also “Johnny Smith,” which obviously isn’t a great name for a funeral home.
In this scenario, you could register a DBA (doing business as) name to give your business the ability to operate under an assumed business name, but DBAs have no exclusivity regarding their naming rights. This means that if another funeral home wants to use your DBA name as their own, they’re not only allowed to do so, but they can actually register a formal business entity with that name, preventing you from continuing to use your own assumed name.
With an LLC, you not only have the rights to exclusive use of a business name, but you will also have either the phrase “limited liability company” or the letters “LLC” in that business name. This provides your business with a jolt of respectability because customers respect the professionalism displayed by an LLC. Also, they typically feel more comfortable writing checks to a business entity rather than to an individual.
How to Start a Funeral Home LLC
The formation process for LLCs varies depending on which state you’re forming one in, but in general, the process has some universal steps that need to be taken no matter what state your business is located in. If you want a comprehensive overview of all the steps required to form an LLC, check out our complete guide on the topic. The basic steps in the LLC formation process in any state are as follows:
The 3 Best LLC Services
When forming an LLC for your business, you generally have three main options. You can form your own LLC using the DIY method, you can hire an attorney, or you can hire an online business formation service.
The DIY route can require quite a bit of effort, and if you’re not comfortable with the process, it can cause some undue stress. As for hiring a lawyer, many startups can’t afford to spend the thousands of dollars it can cost for an attorney to form your business entity.
This leads us to the third option, hiring an online LLC service. There are dozens of reputable companies offering this service these days, and they can all save you a tremendous amount of money compared to an attorney. In addition, while these companies may not have as much expertise as an attorney does, they still provide a considerable amount of peace of mind compared to the DIY route.
If you want to take a look at the top options for online business formation services, head on over to our guide to the seven best LLC formation services available. In addition, we’ll briefly break down our top three options on this page. These are, in our opinion, the best options for business formation service:
- ZenBusiness ($39): ZenBusiness truly has it all. They provide complete LLC formation service along with a full year of registered agent service for one incredibly low rate, and they also have stellar customer feedback. It’s hard to go wrong with an offer like this.
- Northwest Registered Agent ($79): Northwest is a bit more expensive than ZenBusiness, but their industry-best registered agent service (included at no extra charge) includes local scanning of every document they receive on your behalf. They also have the best customer support available for LLC formation services. If you’re looking for more of a premium service, Northwest is an excellent choice.
- Incfile (FREE): Incfile has a business formation package that is free of charge, as long as you pay your own state fee. That’s obviously an enticing offer, especially when you consider that they also provide a year of registered agent. Throw in their strong customer feedback, and Incfile is an excellent choice for LLC formations.
Additional Resources for Starting a Funeral Home
- National Funeral Directors Association: The NFDA’s resource page is divided into seven different categories: compliance and legal, business and technical, operations and management, public and community relations, products and services, online communities, and research. No matter the scope and scale of your cemetery and funeral services, the National Funeral Directors Association has the information you need.
- Wilbert Funeral Services: Wilbert’s funeral professionals page has an excellent collection of resources for cemetery and funeral service providers. While Wilbert is best known for its sales of burial vaults and cremation products, the education portion of their website is quite helpful, as it includes stories from funeral professionals, videos and training programs, and industry resources.
- Funeral Service Foundation: The Funeral Service Foundation offers a selection of tools and resources for funeral service professionals. The Foundation is actually the charitable arm of the NFDA, and the news section on their website is a comprehensive collection of articles and blogs about important issues for funeral directors and other cemetery and funeral home employees.
- LifeWeb 360: LifeWeb produces tasteful online memorials for the deceased, where friends and family members can share photographs and stories of their loved ones. LifeWeb also offers physical books for any mourners who would rather have a tangible reminder of the departed. LifeWeb is a great complement to a traditional funeral service and guestbook.
- National Directory of Morticians: The goal of the National Directory of Morticians is to assist funeral professionals with business aspects of the industry, which gives them more time to focus on family care. They also offer information for funeral service providers to work together, providing connections for companies to subcontract portions of the process.