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Question

I have a single member LLC currently filing taxes as a sole proprietor (I own 100%). I have one employee and I use a payroll service for his payroll and taxes. (FICA etc.) For my own pay I have been taking an ower draw bi-monthly.

Now I have a corporation coming into the business and they will now own 70% and I will own 30%. I need to make the LLC file its own income taxes from this point on but I am not sure how to do that. Also- I am going to need to convert from owners "draw" to W2 employee. How does that work?

Submitted: 295 days and 10 hours ago.
Category: Tax
Value: $47
Status: CLOSED
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Delaware

Already Tried:
I am incorporated in Delaware but operate in Virgina (Pay VA taxes)

Posted by RD 295 days and 10 hours ago.

Answer

Since you will have a corporation as a owner you will file it as a partnership tax return. The LLC will no longer be reported on your personal tax return- Sch C.

 

Is this Corporation a S Corp or a C Corp?

 

In case of partnership, you can take guaranteed payments and pay self employment tax on such payments on your personal tax return. You do not get a W-2 since you are a partner in a partnership.

 

IRC Sec. 707(c) specifically introduces the concept of guaranteed payments into the law. It defines these payments as those made by a partnership to a partner for services or for the use of capital to the extent such payments are determined without regard to the income of the partnership.

 

Let me know if you have any question.

 

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

 

 

295 days and 10 hours ago.

Reply

Its not going to be a partnership - they want me to become a W2 employee of the company. How do I convert an LLC from filing on my personal income tax to filing its own tax (And handling net income for the business as K1 distributions).

Posted by RD 295 days and 10 hours ago.

Info Request

Are you going to continue with the LLC with you owning 30% and the Corporation owning 70%?

 

Is the LLC going to be filed as C Corp?

 

295 days and 10 hours ago.

Reply

I have to check- can I get back to this dialogue later this evening after I hear back from the CFO of the Corp? Appreciate the expertise- will return later. (And to answer your question yes I would be staying on the payroll of the LLC as an employee)

Posted by RD 295 days and 9 hours ago.

Answer

Sure.....not a problem.

294 days and 17 hours ago.

Reply

Ok so it is going to be a partnership- meaning I file for my 30% of the busines income under my personal tax return and they file theirs.

So do I pay quarterly income tax and take "draws" or can I go W2?

Accepted Answer

If this is filing as partnership than you do not show yourself as employee(W-2). You will take these as guaranteed payments and it will be reported to you on Sch K-1.

 

You will make quarterly estimated tax payments.

 

 

Let me know if you have any question.

 

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

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Expert: RD
Pos. Feedback: 99.4 %
Accepts: 6487
Answered: 5/31/2009

Certified Public Accountant (CPA)

CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..

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