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Question

I've been in business as a sole proprietor for about 1.5 years now. I want to incorporate but am wondering if it is worth it for the tax breaks this year? I've only earned $40000.00 self employment income this year. Do the the economy, I was on a 5 month vacation until recently. I just started working as a W-4 Employee, but can change that to a 1099 arrangement for the rest of the year if I want. What should I do? My personal taxes were about $38000.00 last year.

Submitted: 94 days and 20 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Posted by LEV 94 days and 20 hours ago.

Answer

As you might know - the advantage of being self-employed compare to an employee - you may deduct qualified business expenses and will be taxed only on net business income - while an employee may deduct business expenses only if he/she itemize plus there will be 2% floor limit of the AGI.

 

Disadvantages are is that there will be additional 15.3% self-employment taxes and there will not be unemployment benefits..

 

If you do not have much expenses to deduct - you might prefer to be an employee, but if you have deductible business expenses - self-employment status will give you substantial tax savings.

 

If you net self-employment income is about $40,000 - you might try instead of incorporating - create a LLC and select S-corporation treatment.

You will be an employee of S-corporation and will receive "reasonable wages", while the rest of income will be distributed as dividends - that are not subject of self-employment tax.

There will be additional overhear for filing tax return for S-corporation and employment tax returns - but tax saving may overpass.

 

Let me know if you need any help.

 

 

92 days and 20 hours ago.

Reply

I'm not sure that I understand the answer. If I have no employees (except myself), would I be the recipient of all dividends if I chose the LLC and S-Corp treatment? If I chose to incorporate now, could I count my earnings from prior months as corporate income or would I have to count that as sole proprietorship income?   Also, should I change my current employment status to a 1099 contractor or continuing being a W-2 employee with out benefits (except employment tax coverage)?   I don't know how much more I'll earn this year, I'm guessing around $30,000 to $40,000.   Also, how much in business deductions would make it best to continue the sole proprietorship.

Accepted Answer

Single member LLC for tax purposes is treated the same way as solo proprietorship.

You are not an employee of yourself - and your net income is subject of self-employment tax.

 

If you select S-corporation treatment for your LLC - your S-corporation will be a separate entity and you will be an owner and an employee at the same time.

The IRS requires that S-corporation pays reasonable wages. What are reasonable wages? Those that you would receive if you get employed in your area and your occupation.

 

Selecting to be treated as S-corporation - is not incorporation. Incorporation is creating C-corporation - that is a separate entity that pays its own taxes. With your business revenue - you do not need incorporation.

 

If you choose S-corporation selection now - you will be able to treat your business income as income of S-corporation after that moment. Your business income before that will be considered self-employment income.

 

All your compensation you received as employee - will be your wages income - and should be reported as such.

 

Any business deductions will reduce your income tax and self-employment tax.

Your total federal tax saving will be about 30% of the amount of business expenses.

Overhead of having S-corporation may be $200-$500

 

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Expert: LEV
Pos. Feedback: 99.3 %
Accepts: 
Answered: 8/22/2009

Tax Preparer

Taxes, Immigration, Labor Relations

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