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LLC that is taxed like an S Corp
Posted on 7/10/12 at 3:13 pm
Posted on 7/10/12 at 3:13 pm
I'm considering an LLC or S Corp and like the simplicity of the LLC but the tax benefits of the S Corp. I've read in the comment section of a few business articles that you can request your LLC to be taxed like an S Corp. Is this true? How difficult is it to do and will I be setting myself up for any trouble (audits, etc) if I follow that path?
I'd very much appreciate this boards wisdom before I spend $100 per hour with my accountant. Thanks.
I'd very much appreciate this boards wisdom before I spend $100 per hour with my accountant. Thanks.
Posted on 7/10/12 at 3:37 pm to Robin Masters
The owner of a LLC (sole proprietorships) has to pay federal income tax and self-employment tax on the net income of the LLC. S Corp's don't have to pay SE tax but must pay the owner a salary (which is taxed for social security and medicare). The net income (after the salary to the owner) is free from SE tax and can be distributed to the owner. Federal income still must be paid on this income; however, the owner avoids SE tax which is the major tax benefit. If your LLC isn't going to make a profit in excess of what the owner's salary is going to be then an LLC is the better way to go to save tax dollars as you can avoid a bit of SE tax that would other wise not have to be paid. I'm pretty sure Obama is going to take away the benefit of the S corp SE tax avoidance in the near future so I'd just start the LLC if you don't plan on having any other stock owners of the potential S corp.
This post was edited on 7/10/12 at 3:38 pm
Posted on 7/10/12 at 4:07 pm to Robin Masters
one simple form to the IRS after you form the LLC, that's how I'm set up
Posted on 7/10/12 at 6:28 pm to yellowfin
quote:
one simple form to the IRS after you form the LLC, that's how I'm set up
Same here.
Posted on 7/10/12 at 11:07 pm to yellowfin
quote:Actually it takes two forms to have your single member LLC taxed as an S corporation. The first, Form 8832, allows you to have your disregarded entity taxed as a corporation. A single member LLC's default is to be taxed as a disregarded entity. Then you complete Form 2253 elecing S corporation status.
one simple form to the IRS after you form the LLC, that's how I'm set up
Posted on 7/11/12 at 1:17 pm to Poodlebrain
You only file the 2553. The 8832 is not necessary if filing a 2553. The instructions to the forms are pretty clear, and there is a rev proc too.
Posted on 7/11/12 at 3:03 pm to Poodlebrain
8832 is no longer necessary, just file the 2553.
Just make sure as an S-Corp, you take a "fair salary".
Just make sure as an S-Corp, you take a "fair salary".
Posted on 7/12/12 at 7:14 am to BrandNew
You learn something new every day.
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