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Toby Mathis
What Is an LLC?

What is and what is not a limited liability company (LLC)? An LLC is a creature of state law. With an entity, no matter whether it’s created by a state or you’re creating it through an agreement, you still need to address how it relates to a state, third parties, and the federal government.


  • LLC was created under state law; do not exist in federal government
  • Definition: LLC is an entity created by state law that mirrors or marries various elements, including creating liability protection for an artificial person
  • LLCs create isolation between you and your business; LLCs are similar to corporations
  • State: Set up an LLC with the state and pay the state a fee for protection
  • State gives you certain types of rights/protection, such as from liabilities of the enterprise
  • States give you protection personally from business activities, but some states give you protection from personal activities going into the business
  • Third Parties: When dealing with third parties, follow certain formalities – document and maintain books and records of expenses and income for courts and the IRS
  • Rule of Thumb: The amount of respect you show your business or LLC, is the amount of respect a third party shows it
  • Federal Government: IRS makes sure you pay your taxes and where you go to get an Employer Identification Number (EIN)
  • LLC is a separate person, but it’s not recognized by IRS as a separate taxable entity, unless told otherwise
  • Three Choices for an LLC: Sole proprietor, partnership, or corporation



1120 or 1120S

1244 Stock Loss

Toby Mathis

Anderson Advisors

Tax and Asset Protection Event

Full Episode Transcript:

Toby: Welcome to the Anderson Business Advisors podcast. My name is Toby Mathis. We’re the founding partners at Anderson and we go after the mission: Preserve, Protect, and Prosper, and this podcast is no different.

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