People who have LLC...Do you file your federal income tax for the company as:

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  • BlueWire
    Confirmed User
    • Nov 2004
    • 4628

    #1

    People who have LLC...Do you file your federal income tax for the company as:

    Sole Proprietor?
    C-Corp?
    S-Corp?


    Just interested about what you guys all do to avoid paying the big bucks to uncle sam
  • V_RocKs
    Damn Right I Kiss Ass!
    • Nov 2003
    • 32467

    #2
    LLC pays income tax as a sole proprietor. An LLC isn't good for taxes, it is only good as a vehicle for keeping you and your business seperated.

    I was once a van shuttle driver. I got sued because my partner got into an accident. Had we setup the business as an LLC I wouldn't have been sued by the customers. Just the business would have. By the grace of God, the judge decided to remove me from the list of defendants. My partner had to take out a second mortgage to pay off the damages from the suit.

    As for taxes, if you are alone, taxes are filed on your 1040, if a partner or several, file a Schedule K to break up the income of the business, then each of you files your own 1040 based on what the Schedule K left you.

    Comment

    • wdsguy
      Ryde or Die
      • Dec 2002
      • 19568

      #3
      consult a lawyer

      Comment

      • WarChild
        Let slip the dogs of war.
        • Jan 2003
        • 17263

        #4
        Wow that all sounds complicated.

        I prefer to just not pay any tax, it's really a lot better.
        .

        Comment

        • V_RocKs
          Damn Right I Kiss Ass!
          • Nov 2003
          • 32467

          #5
          Originally posted by WarChild
          Wow that all sounds complicated.

          I prefer to just not pay any tax, it's really a lot better.
          Exactly!

          Comment

          • KRL
            Entrepreneur
            • Oct 2002
            • 31429

            #6
            Goes on your 1040
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            • jonesy
              Confirmed User
              • Jan 2003
              • 6688

              #7
              Originally posted by BlueWire
              Sole Proprietor?
              C-Corp?
              S-Corp?


              Just interested about what you guys all do to avoid paying the big bucks to uncle sam
              brother with a question like that you need to hire an CPA. and get references too.

              find out who does taxes for companies/people in your town that make alot of money - those CPA's arent cheap but in the longrun it will save you $$$
              .
              Shooting Bikini Girls

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              • ProjectNaked
                Confirmed User
                • Jul 2004
                • 4309

                #8
                Originally posted by V_RocKs
                As for taxes, if you are alone, taxes are filed on your 1040, if a partner or several, file a Schedule K to break up the income of the business, then each of you files your own 1040 based on what the Schedule K left you.
                What he said (and consult with accountant/lawyer )

                Comment

                • bigdog
                  Confirmed User
                  • Jul 2001
                  • 6964

                  #9
                  would talk to a cpa, but i think filing as a s-corp saves you in taxes

                  Comment

                  • Sosa
                    In Tushy Land
                    • Oct 2002
                    • 40149

                    #10
                    def go talk to a good accountant.

                    Comment

                    • V_RocKs
                      Damn Right I Kiss Ass!
                      • Nov 2003
                      • 32467

                      #11
                      The only corp that is going to save you money is a C Corp.

                      Sole proprietors, File Shedule C (profit and loss) (the business side of your taxes) then take the income and add it to your 1040 gross income.

                      Partnership, 1065 and Schedule K for the business, then all profits are split among partners to go on their 1040's as gross income.

                      S Corp, 1120S Similar to 1065/S-K deal, then give profits to shareholders (partners) to add to their 1040 gross income.

                      LLC, If 1 member, treated as sole proprietor, 2 or more, treat as a partnership. Same forms.

                      C Corp, The only non-passthru entity. It will pay its own taxes. Form 1120 or 1120-A.
                      A C-Corp is going to get taxed less than you would have. So you can deduct all the crap, pay yourself, and then it gets taxed on what is left. Most people leave money in the C Corp that they aren't going to use, this means it gets taxed at the C-Corp rate at not at the personal rate. C-Corp's can also pay their employees with tax-free fringe benefits. Like health insurance, 401K, movie tickets.. etc...

                      But if you are the only one in the corp (except for the 'friend' who is the other shareholder), and you give yourself benefits, prepare for the IRS to fuck you dry and call you an S-Corp because you are acting like one.

                      Comment

                      • Dravyk
                        Confirmed User
                        • Jan 2001
                        • 1202

                        #12
                        An LLC is best used as an umbrella partnership between two or more companies.
                        All Of 'Em

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                        • venus
                          Confirmed User
                          • Jan 2003
                          • 3112

                          #13
                          incorporate in nevada and you wont have to pay federal taxes on what the s-corp makes.
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                          • V_RocKs
                            Damn Right I Kiss Ass!
                            • Nov 2003
                            • 32467

                            #14
                            You will need to pay Federal taxes no matter what state you incorporate in. But in Neveda you won't have to pay State taxes.

                            Comment

                            • slapass
                              Too lazy to set a custom title
                              • Nov 2002
                              • 14625

                              #15
                              LLC with partners has some cool shit.

                              Comment

                              • Linkster
                                Confirmed User
                                • Feb 2003
                                • 3216

                                #16
                                LLC and S-Corp are two different things - you definitely need to talk to a CPA - you also have to file with the IRS to get your corporation treated as either a LLC or a S-Corp depending on what you choose when you file the SS-4 - you can also go back and change it if needed. How you get taxed also depends a heck of a lot dependant on how you take money out, or if you do at all, whether you pay salaries, whether you take personal money out etc. One year (one of my companies was a LLC Partnership classification) I had things set up wrong and ended up owing $30k extra just because I had the corp paying out incorrectly.
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                                • Sosa
                                  In Tushy Land
                                  • Oct 2002
                                  • 40149

                                  #17
                                  Originally posted by Linkster
                                  LLC and S-Corp are two different things - you definitely need to talk to a CPA - you also have to file with the IRS to get your corporation treated as either a LLC or a S-Corp depending on what you choose when you file the SS-4 - you can also go back and change it if needed. How you get taxed also depends a heck of a lot dependant on how you take money out, or if you do at all, whether you pay salaries, whether you take personal money out etc. One year (one of my companies was a LLC Partnership classification) I had things set up wrong and ended up owing $30k extra just because I had the corp paying out incorrectly.
                                  care to explain this more? As to what you were doing wrong when paying out of your corp. can I hit up up on icq or email?

                                  Comment

                                  • Linkster
                                    Confirmed User
                                    • Feb 2003
                                    • 3216

                                    #18
                                    Sosa - I was taking draws on the company but as an LLC (my accountant tried to explain this to me LOL) you are taxed as if it were personal income.
                                    As a S-corp you can evidently do some swapping of the money without considering it personal income and still use your normal biz expenses to offset the income. Where I messed up is that since it was being considered personal income I should have done quarterly estimated taxes - since I didnt have enough personal exemptions and deductions to offset it. If I had been paying myself as an employee of a S-Corp then I could have kept it as biz expenses and written against it
                                    Last edited by Linkster; 07-26-2005, 06:20 AM.
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                                    • Peaches
                                      Old broad
                                      • Oct 2002
                                      • 13933

                                      #19
                                      Originally posted by venus
                                      incorporate in nevada and you wont have to pay federal taxes on what the s-corp makes.
                                      Not true. You don't save money incorporating in NV if you're an S corp unless you personally live in NV. A C corp will save money though.

                                      Every situation is different. Find a good CPA/Tax attorney before making decisions that affect your bottom line. My CPA saved me about $20K in taxes the first year I hired him. They are worth it

                                      Comment

                                      • tony299
                                        lurker
                                        • Aug 2002
                                        • 57021

                                        #20
                                        Originally posted by Peaches
                                        Not true. You don't save money incorporating in NV if you're an S corp unless you personally live in NV. A C corp will save money though.

                                        Every situation is different. Find a good CPA/Tax attorney before making decisions that affect your bottom line. My CPA saved me about $20K in taxes the first year I hired him. They are worth it
                                        Amen I wouldnt be getting tax advice on GFY lol

                                        Comment

                                        • Sosa
                                          In Tushy Land
                                          • Oct 2002
                                          • 40149

                                          #21
                                          Originally posted by Linkster
                                          Sosa - I was taking draws on the company but as an LLC (my accountant tried to explain this to me LOL) you are taxed as if it were personal income.
                                          As a S-corp you can evidently do some swapping of the money without considering it personal income and still use your normal biz expenses to offset the income. Where I messed up is that since it was being considered personal income I should have done quarterly estimated taxes - since I didnt have enough personal exemptions and deductions to offset it. If I had been paying myself as an employee of a S-Corp then I could have kept it as biz expenses and written against it
                                          Ahh ok sounds good then. I have a S-corp and just pay myself a monthly salary. I then have to pay taxes on that salary just like income from a normal job. Then the corp pays taxes for like unemployment and shit. Just 1 person s-corp for me. I'm gonna talk to a few different CPA's and get their input on a few other ways I can cut my tax paying down.

                                          Comment

                                          • GonZo
                                            Confirmed User
                                            • Jul 2002
                                            • 3180

                                            #22
                                            S-Corp for me. BTW thanks for fixing up that flash header for us. Newton said you were a life saver. Ill have more work for you shortly.
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                                            • seven
                                              Confirmed User
                                              • Apr 2002
                                              • 2697

                                              #23
                                              Originally posted by V_RocKs
                                              C Corp, The only non-passthru entity. It will pay its own taxes. Form 1120 or 1120-A. A C-Corp is going to get taxed less than you would have. So you can deduct all the crap, pay yourself, and then it gets taxed on what is left. Most people leave money in the C Corp that they aren't going to use, this means it gets taxed at the C-Corp rate at not at the personal rate. C-Corp's can also pay their employees with tax-free fringe benefits. Like health insurance, 401K, movie tickets.. etc...

                                              But if you are the only one in the corp (except for the 'friend' who is the other shareholder), and you give yourself benefits, prepare for the IRS to fuck you dry and call you an S-Corp because you are acting like one.
                                              C-corp is what I got & like
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                                              • FreeHugeMovies
                                                Too lazy to set a custom title
                                                • Dec 2001
                                                • 14142

                                                #24
                                                Sub chapter S here

                                                Comment

                                                • tristan_D
                                                  Confirmed User
                                                  • Jul 2005
                                                  • 7865

                                                  #25
                                                  paying taxes: damn if you do, damn if you don't
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