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Entity FAQs

Entity FAQs

Entity Type – What is an Entity Type?

When asked what type of entity are you for IRS filing purposes, LLC is not an appropriate response. An LLC is only a state entity and is not recognized by the IRS. If you are a single member LLC then you will default to filing as a Sole Proprietorship (Schedule C). If you are a multi-member LLC, then your default filing is a Partnership (Form 1065). As an LLC, you do have an option of being treated as a Corporation and you can then elect to be treated as an S Corporation (Form 1120S). You can start off as the default filing and then later change to be treated as a corporation or vice versa. You can only change once every five years.

What is the Best Entity Type for your business?

The form of entity you choose will depend on many factors.

The simplest form to operate, with the least administrative burden, is a Sole Proprietorship (Schedule C). You would still keep separate books and records and have a separate bank account but all activity is filed with your Form 1040. All net income is subject to federal income tax and the self-employment tax, which is Social Security and Medicare taxes. A benefit of filing as a Sch C is you can pay your children a wage and not have to pay Social Security and Medicare tax on their wages and it reduces your taxable income as well. It is also the form of business with the least administrative burden in that you do not have a separate return to file for federal taxes and you do not pay yourself a salary.

You will pay the same amount of taxes no matter the entity type you choose – Sole Proprietorship, Partnership, or S Corporation until you reach the point where your net income from the business is more than what you would draw out as a salary. It is at that point that you would consider changing your entity selection if an LLC or incorporating if you are a Sole Proprietor. This is the point where you will start seeing a tax savings if you switch to an S Corporation. You would become an employee of the corporation and you would pay yourself a reasonable salary. You pay the social security taxes on your wage but the net income of the business is passed through to your Form 1040 and is subject to federal income tax but not social security tax. You, therefore, see a tax savings of the 15.3% self- employment that you would have been paying as a Schedule C filer or as a partner in a partnership.

There are many more factors that would go into consideration of an entity type selection and we would be happy to meet with you to discuss this further.

What is Reasonable Compensation?

Reasonable Compensation is somewhat objective but is basically what you would be paid if you were doing this same job somewhere else or what you would pay someone to do this job. You would also have to factor in your cost of living and what you need to cover your basic living expenses. You can’t set a salary so low and draw out the rest to cover your monthly costs; that would not be a reasonable salary.

 

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