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LLC that is taxed like an S Corp

Posted on 7/10/12 at 3:13 pm
Posted by Robin Masters
Birmingham
Member since Jul 2010
29793 posts
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.
Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 7/10/12 at 3:37 pm to
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 by yellowfin
Coastal Bar
Member since May 2006
97643 posts
Posted on 7/10/12 at 4:07 pm to
one simple form to the IRS after you form the LLC, that's how I'm set up
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35557 posts
Posted on 7/10/12 at 6:28 pm to
quote:

one simple form to the IRS after you form the LLC, that's how I'm set up


Same here.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 7/10/12 at 11:07 pm to
quote:

one simple form to the IRS after you form the LLC, that's how I'm set up
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.
Posted by BrandNew
Member since Aug 2010
330 posts
Posted on 7/11/12 at 1:17 pm to
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 by SippyCup
Gulf Coast
Member since Sep 2008
6141 posts
Posted on 7/11/12 at 3:03 pm to
8832 is no longer necessary, just file the 2553.

Just make sure as an S-Corp, you take a "fair salary".
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 7/12/12 at 7:14 am to
You learn something new every day.
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