LLC for Amazon FBA

New eCommerce small businesses have fantastic options for growth and scalability through Amazon’s Fulfillment by Amazon (FBA) program. Amazon FBA presently manages nearly all logistical, shipping, and customer service aspects for program businesses. However, Amazon does not deal with the internal affairs of the program business. The start-up phase is an easy time to overlook some simple steps that only program businesses can take to improve their business and protect owners’ assets and privacy at the same time. Forming a limited liability company (an “LLC”) is something to consider for your Amazon FBA business.

Most business owners have heard of the LLC as a type of business entity. The LLC structure has some similarities with corporations and sole proprietorships or partnerships but is different in some important ways. An LLC combines the most attractive features of sole proprietorships, partnerships, and corporations.

An LLC is a legal entity that you create by making an application through your state government using simple forms. In this way, forming an LLC is similar to applying for a charter for a new corporation through your state’s government. However, an LLC is more like a sole proprietorship or partnership in the way you are allowed to operate the business. Unlike a formal corporation, an LLC does not need a board of directors or officers and is able to transact business in the same way as a sole proprietorship or partnership in most ways.

You can create an LLC to start operating a new business or to take over ownership of an existing business. Your home state will help you understand the requirements for forming a new LLC. Each state requires filing Articles of Organization with the state’s Secretary of State and payment of a filing fee. The initial forms require some basic information such as your business’s name, its location, and the names and addresses of the owner or owners of the business. You will also need to designate a “registered agent,” who is the person you designate (this can be yourself) to accept any legal paperwork on behalf of the LLC when necessary.

Most states allow for all the filings to be done either online or by mail. You can contact your state’s Secretary of State by phone or online for additional information about your state’s particular rules and filing requirements.

Asset Protection

When your business is operating as a valid LLC, it exists as a separate legal entity from you individually. The only assets an LLC generally has at risk to creditors or through legal action are the assets that the LLC holds in its name. In other words, if someone sues the LLC, the only assets that are at risk in a legal action are the assets held in the LLC’s name.

Your personal assets are not subject to the debts of or claims against the LLC, providing the LLC is properly maintained and only does the business of the LLC. When you take salary or earnings from the LLC, you must do so in a way that the LLC’s property is not mixed in with your property. You should only use the LLC to directly pay the legitimate business expenses of the LLC, and never your personal expenses. Keeping this wall of separation ensures that the asset protection provided by the LLC can not be attacked by a creditor or claimant in any legal action.

Professionalism

Amazon FBA provides a very attractive platform for eCommerce businesses of all types. The professional appearance of a valid LLC allows your business to appear just as big and viable on Amazon’s pages as the big brick-and-mortar retailers who sell to customers in the same way as your LLC does.

Potential Tax Benefits

Depending on your personal circumstances, you can generally pass the income earned by your LLC directly to yourself. You will claim those earnings as regular income on your income tax return, and the LLC does not have a separate income tax obligation. Your LLC will have some tax filing requirements, however, and you should, of course, discuss all LLC tax planning with your tax professional at the time you begin the formation of your LLC.

Privacy

Operating as an LLC allows you to transact business only in the LLC’s name. Your personal information never needs to be directly tied to the LLC’s public presentation. Additionally, if you ever decide to sell some or all of your interest in your LLC, this can be done privately and in a way that does not need to involve your personal information.

Forming an LLC does require payment of an initial filing fee, and in most states, you will be required to file reports with the state at least annually to ensure that your LLC remains valid. Operating through an LLC also involves additional bookkeeping and tax assistance in most cases. However, most Amazon FBA businesses find that the benefits of operating as an LLC far outweigh the additional costs and maintenance.

Forming an LLC for your Amazon FBA business can offer a range of benefits, including asset protection, a professional image, potential tax advantages, and enhanced privacy. Many small eCommerce businesses find that the advantages far outweigh the associated costs.

If you require assistance with forming your LLC or have any questions regarding the process, our experienced paralegal team is here to help. Please don't hesitate to reach out to us by completing our online contact form or giving us a call at (307) 683-0983. We look forward to assisting you in taking this important step for your business.