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Level 5
May 12, 2020

Can a minor apply for an LLC?

  • May 12, 2020
  • 14 replies
  • 37 views

My clients daughter wants to open her own candle business but is only 17. As a minor can she apply for an LLC on her own or does she have to have her parent do it? 

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14 replies

George4Tacks
Level 15
May 12, 2020

This sounds like a legal question and would likely vary according to the state of residency. This is not something that I would answer for a client. Is the client aware of all of the costs associated with a LLC?

 

Answers are easy. Questions are hard!
sjrcpa
Level 15
May 12, 2020

You don't apply for an LLC. You form one. As George said, this is a legal question. I'm thinking she probably has to be over 18 to form one, but a lawyer or other agent can do that. Next legal question - can she own an LLC?

The more I know the more I don’t know.
eaf1213Author
Level 5
May 12, 2020

Yes, I meant form one as an owner. The state of residency is Ohio. I haven't found any information as far as an age requirement.   

qbteachmt
Level 15
May 12, 2020

Why is an LLC even a consideration? Just file for an EIN "for banking purposes" to avoid giving out the SSN and then file taxes on Sched C.

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Level 6
May 13, 2020

Ask attorney to make sure but in my state they can form even though they aren't 18.

State application does not even ask age.

I think this is wrong since they can't enter into a legal contract, but that is what I found out when I had a minor walk in whom had already form the business and now wanted to know how to file taxes.....

 

sjrcpa
Level 15
May 13, 2020

@linetteThanks for the info. What state are you in?

The more I know the more I don’t know.
Level 6
May 13, 2020

Oregon