If you’re a restaurant owner, 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 restaurant, 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 restaurant, 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 Restaurant Is Important
The top reason to form an LLC for a restaurant is to gain access to the personal asset protection provided by this business structure.
Whether your restaurant is a small fast-casual cafe or a large sit-down restaurant with a full menu of meals and beverages, you need the limited liability protections that an LLC can provide.
As an example, let’s say that a customer slips on a wet spot on your floor, falls over, and injures themselves. If you operate your restaurant as a sole proprietorship or general partnership, your personal assets — like your house, car, personal bank accounts, etc. — would be at risk if that customer decides to sue your business.
On the other hand, if you form an LLC for your restaurant, 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 a restaurant. 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.
With this tax structure, your restaurant 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 restaurant 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 restaurant 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 restaurant 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 restaurant business, the S corp taxation model can save you quite a bit of cash that you can use to buy expensive kitchen appliances and make other improvements to your restaurant, rather than writing a big check to Uncle Sam.
Finally, an LLC structure can enhance the credibility of your restaurant 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 restaurant sole proprietorship, your company’s name is also “Johnny Smith,” which obviously isn’t a great name for a restaurant.
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 restaurant 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 Restaurant 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:
1) Choose an LLC name
2) Designate a registered agent
3) File your articles of organization with the state
4) Acquire an EIN
5) Create an LLC operating agreement
6) Create a financial infrastructure
7) Handle taxes, licenses, and permits
8) Understand maintenance requirements (annual reports, franchise taxes, etc.)
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 Restaurant
- Restaurant Den: In today’s hyper-connected world, even a small local restaurant with one location should have a professionally designed website. At Restaurant Den, that’s the main topic of conversation, as this site has tons of tips and tricks to help you design and maintain the restaurant website of your dreams.
- Restaurant Owner: This site focuses solely on independently owned and operated restaurants, and they have an extensive resource library packed with helpful tools. You can find webinars, articles, worksheets, and much more on Restaurant Owner’s website.
- Uncorkd: With Uncorkd, you can trade in your paper menus for sleek digital versions hosted on iPads. Especially for restaurants with rotating menus or large beverage lists, Uncorkd can save you from ever having to tell your customers that you ran out of the items they wanted to order. Uncorkd keeps track of your inventory in real-time to ensure that if an item is on the menu, that same item is also in your kitchen.
- Modern Restaurant Management: If you’re looking for information about a certain segment of the restaurant industry and you can’t find what you need from Modern Restaurant Management, we’d be shocked. This site has everything you need to know to boost your restaurant’s success, from news and trends to video, marketing, operations, design, equipment and technology, and finance and law.
- Restaurant Engine Blog: Much like Restaurant Den, Restaurant Engine specializes in restaurant websites. However, for the purposes of this article, we’d like to point you to their excellent blog, which is updated several times per week with invaluable advice for restaurant owners.