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Question

I am starting a Cafe and need to incorporate but can't figure out whether to do an LLC, LLC with S Corp, or S Corp. Looks like the S Corp gives tax benefits on the self employment tax, but there is a lot of meetings and paper work. It will be a small business that I own and don't need capital right now. Which is the best way to go.

Submitted: 75 days and 16 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Country/State/Province of question: NY

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Web searches, accountants. I get conflicting responses. In order to get the self employment tax break and not spend a lot of time and money with requirement paper work, which is the way to go?

Posted by RD 75 days and 16 hours ago.

Answer

Yes, a S Corp involves meetings, minutes and other paperwork as a Corp when compared to LLC which does not need all such formal documentation.

You can form a LLC and file as a disregarded entity on Sch C for now and when you businesss grows you can elect to file the LLC as a S Corp in future.

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.

75 days and 16 hours ago.

Reply

What is a disregarded entity? With that, do I only pay the self employment tax on the "salary" that I take? When you say "file the SCorp later" do you mean convert or remain as an LLC with taxation as an SCorp? What is the benefit to waiting instead of creating my corp as an LLC with SCorp status up front?

Posted by RD 75 days and 16 hours ago.

Answer

A single member LLC is a disregarded entity and it files as a Sole propreitor on Sch C. As a single member LLC you do not take salary. Net income from the LLC activity will be subject to self employment tax.

 

S Corp is not a different type of Corp that you incorporate(at the State level). You can either for a Corp or a LLC and than apply to IRS for S Election. It is a method of filing with the IRS. I mean remain as a LLC but file as a S Corp for tax purposes.

 

The benefit to waiting is that you can save professional fees and other costs related to keeping up with the formalities until the business is stabilized and you are ready for it since in the initial couple of years you may not have too much in profit to worry about the self employment tax burden.

 

 

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.

 

 



Edited by RD on 9/8/2009 at 2:59 PM

75 days and 15 hours ago.

Reply

So I can file for the S Corp option at any time?

Accepted Answer

Yes, you can file S Corp in future.



The election to be treated as an S corporation needs to be made by the 15th day of the third month in the tax year. Most S corporations use a calendar tax year, so, in practice, the S election deadline is March 15. In other words, in order to be an S corporation for the 2011 tax year, the business needs to file its election by March 15, 2011. In some cases you may also file for a late election under specific IRS revenue ruling.





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.

Edited by RD on 9/8/2009 at 3:44 PM

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Expert: RD
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Answered: 9/8/2009

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