Should I Elect to Have My LLC Taxed as a Corporation or S Corp?

The circumscribed liability party ( LLC ) form of clientele is the newest invention in business forms, adding simplicity of constitution to liability protective covering. An LLC can be taxed in several unlike ways to save on taxes for the business and its owner .

In this article we ‘ll look at the LLC imprint of occupation, how an LLC is normally taxed, how being taxed as a corporation or S corporation can benefit your business, and the process of electing this tax option .

How LLCs Are Taxed

By default, your LLC is taxed in one of two ways, depending on how many owners ( called ” members “ ) are in the LLC :

LLC extremity taxes are based on their share of the income of the commercial enterprise for the class. No matter how much or how little LLC members take out of the business for personal use, they are taxed on the wide total of the annual net income of that business .

LLC Owners and Self-Employment Taxes

In addition to paying income taxes based on their commercial enterprise income, LLC owners are normally considered to be freelance, and they must pay self-employment tax ( for Social Security and Medicare ) on their income from the LLC.

FICA Tax vs. Self-Employment Tax

Social Security and Medicare tax is called FICA tax for employees and self-employment tax for freelance individuals, including commercial enterprise owners. It ‘s the same tax and the lapp total total, except that FICA taxes are shared by employees and employers and freelance people pay the full measure of the tax. If the LLC elects to be taxed as a pot, corporate tax rules apply. That means the pot itself is taxed. The pot pays income tax on its final earnings and the owners/members pay income tax on any dividends they receive .

If the LLC elects to be taxed as an S corporation, the owners do n’t have to pay self-employment tax because S corporation owners are n’t considered to be freelance. Most randomness corporation owners work in the business as employees and they pay FICA taxes on this income from employment.

LLC Taxed as a corporation

many LLCs choose to be taxed as corporations to save on taxes. In this tax position, the LLC members become shareholders and they are not freelance .

For higher-income individuals or those with profitable LLCs, the fact that bodied shareholders do n’t have to pay tax on their share income of the corporation is a tax advantage. The bodied rate ( a categoric 21 %, beginning with the 2018 tax class ) may be lower than the higher tax rates for personal income taxes .

You besides avoid having to pay self-employment tax, unless you work in the corporation as an employee ( and pay FICA tax ) .

Let ‘s look at a scenario :

Your LLC has a net income profit of $ 50,000 for the year. If you are the only owner of the LLC, you must take all of this profit on your personal income tax render. If you have the LLC taxed as a pot, the pot pays tax on this income, but you as a stockholder lone pay tax if you receive dividends .

One big advantage of an LLC over corporations is that owners avoid double tax, where the corporation pays taxes on its net earnings for the year and shareholders pay tax on income received as dividends .

The Main Advantage and Disadvantage of LLC Taxed as Corporation

The independent advantage of having an LLC taxed as a corporation is the benefit to the owner of not having to take all of the business income on your personal tax fall. You besides do n’t have to pay self-employment tax on your income as an owner from the corporation.

The main disadvantage is duplicate tax income. The pot must pay tax on its net earnings and you as an owner must pay tax on any dividends you receive.

LLC Taxed as an S pot

An S corporation is a particular kind of pot that has some tax advantages. Owners can split their income from the S corporation between a distribution ( in the lapp way as a partner in a partnership ) and status as an employee. An south pot owner who works in the business must be paid a reasonable wage as an employee and must pay tax and FICA tax on this salary.

Because the S corporation profits are distributed to owners, this tax condition avoids the double taxation situation .

To qualify to be taxed as an S corporation, the occupation must meet specific requirements :

  • the business can have no more than 100 shareholders
  • no shareholder can be a nonresident alien (noncitizen who doesn’t live in the U.S.
  • there can be only one class of stock
  • all shareholders must be individuals (not other businesses) 

Another advantage of S pot status is that an S corporation owner can take a 20 % tax deduction from his or her plowshare of commercial enterprise income, in addition to common deductions for business expenses. This Qualified Business Income ( QBI ) deduction is calculated on the owner ‘s income as an employee. This tax write-off is not available for personal servicing businesses like account, law, consulting, or fiscal services. besides, the QBI subtraction is limited or not available for higher-income business owners.

many LLC ‘s choose the S corporation for its tax condition because :

  • It avoids the double taxation situation of corporations
  • S corporation owners can take the QBI deduction on business income (not employment income)
  • Owners pay Social Security/Medicare tax only on employment income.

How to Make the election

If you decide to make this election, here is some more information you need to know :

To be taxed as a Corporation, use IRS form 8832 — Entity Classification Election. The election to be taxed as the raw entity will be in effect on the date entered on line 8 of class 8832. The election can not take effect more than 75 days before the go steady the election is filed, nor can it take effect later than 12 months after the date the election is filed .

The class includes a consent statement which may be signed by all members, or by one member on behalf of all members. If one member signs, there should be some record in caller membership meetings that all members approved this election .

You must provide the name ( sulfur ) and identifying the number ( second ) of owners ( Social Security Number for a single-member LLC, and Employer ID Number for multiple penis LLC ) .

To be taxed as an S Corporation, use IRS human body 2553 – election by a Small Business Corporation. To begin the new tax classification for a year, you must file by March 15, effective for the stallion year. You will need to include information about each stockholder : name and address, shares owned, Social Security number, the date the owner ‘s tax class ends, and a accept statement .

What Happens to the Old entity

For a change to a pot, when your election to bodied condition becomes effective, the IRS determines that all the assets and liabilities of the former occupation ( sole proprietorship or partnership ) are contributed to the corporation in exchange for shares of the bodied stock.

Disclaimer: This information is provided to give you a general knowledge of the subject and to allow you to have information to discuss with your attorney, CPA, or tax adviser. Every business situation is unique, and taxes and laws change regularly.

source :
Category : Finance

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