Is it possible to combine IP and LLC for the same Internet project?

Question

Individual entrepreneur

Hello!
The topic is not quite for Habr, but since we are talking about a web project, I will try to ask a question here, all of a sudden, someone came across this.
The point is this. There is a web service that works mainly with legal entities, respectively, contracts are concluded with many of them and invoices are issued from an individual entrepreneur.
There was a need to register an LLC for this service, primarily to increase confidence in the company. I really don’t want to renegotiate contracts with everyone, this is a very long and complicated process, and I would like to combine it - for large companies to issue invoices from LLCs, and for small ones, as before, from individual entrepreneurs (yes, to reduce tax). How legal is this? Or how can such a scheme be made legal? Could it be that an individual entrepreneur will sign a partnership agreement with an LLC and will transfer only some small deductions?

The domain on which the web service is located is currently registered to an individual, which is an individual entrepreneur.
Thank you!

Answer 1

You can conclude agreements both for an LLC and for an individual entrepreneur, but it’s better not to throw money between an LLC and an individual entrepreneur ... this is if the LLC has a general director and an individual entrepreneur. In this case, the tax will take for f ... y and attribute tax evasion.

Answer 2

I like it so much that an LLC is registered to increase trust ... given that the founder of an LLC is responsible only for a contribution to the authorized capital, and an individual entrepreneur with all his property. For 6 years of individual entrepreneurship, I have not come across such cases.
To optimize taxation, or work with VAT - you can. But in this case, you can make a 2nd IP (for a wife, say, or parents).
An LLC makes sense when there are investments, business partners or you want to minimize risks.
Now for your schema. There are 3 job options.
1. IP and LLC work on their own. As long as there are no partners in the LLC and conflicts between them, nothing actually interferes.
2. An individual entrepreneur provides LLC services, for example, provides software, a domain, a trademark. LLC sells services independently. Here you can register a fixed fee.
3. The LLC acts as an agent of the IP and sells services on its own behalf or on behalf of the IP. Lists IP remuneration (here you can register both a fixed amount and a percentage)
In general, all schemes are legal. The only slippery place if the director = IP

Answer 3

Legal.
It's a matter of nuance.
First, it should not lead to significant tax cuts.
Secondly, each of these enterprises must have a complete cycle. Example: you cannot buy a product in the name of an individual entrepreneur and sell it on behalf of an LLC. It is necessary to formalize, as it were, your internal resale between IP and LLC.

Answer 4

If you pay taxes for these types of activities, then tax issues cannot arise. But there are a number of slippery moments. For example, who owns the service, an individual entrepreneur or an LLC? As long as the founder of this LLC is an individual entrepreneur himself, then in principle this is not so important. But problems may arise if partners appear. In addition, of course, the client may have distrust in this context. Therefore, dismantling who owns the product may affect it. As a client, I would take note of this.
Another aspect is different pricing policies for customers. The question arises why the client paid X and B paid Y? Is there a deal here? With small web projects, on purpose, someone will hardly bother, but there are chances to get under some sort of scheduled check. Even if they don’t incriminate anything in the end, they will shake the nerves pretty much. Is it necessary?

Answer 5

>For example, you will participate in exhibitions - you won’t distribute business cards as a client with an IP counterparty?
Nothing forbids an individual entrepreneur to name "Horns and Hooves" and promote himself under this brand. Up to the point that nothing prevents you from registering a trademark / brand on an individual entrepreneur. No problem. The main thing in the documents is to indicate the IP and the current details.
>Or how to attract an investor?
And what's the problem here? The investor is attracted not for individual entrepreneurs, LLCs, CJSCs or who-knows-what, but for assetswhich this entity owns. Do we catch the difference? A firm can be bought only because it has property rights, but nothing prevents this firm from selling these rights. The company itself nafig no one needs. With IP, the situation is the same, the only difference is that he cannot sell himself. But he can sell the rights/assets he owns.

Answer 6

In any case, if the individual entrepreneur and the founder / head of the LLC are affiliated persons (spouses, relatives or institute friends), they can be classified as tax evasion or cashing out. In general, forget to use the word "tax optimization" in the tax.