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Question

I am moving to Miami Florida to start a business that will have a contract with another Miami Florida company to provide global Business Development Services (Sales) and the contract has a retainer of $6,666.66 a month plus commissions paid for new deals to me or my business. The company that wants to contract me is willing to 1099 or pay a business I start via invoice. I am trying to determine what is the best method to accomplish this with limited tax liability, limited liability and write offs such as gas, milage, dinners, marketing expenses, business hardware/assets, office space (my apartment to start with), travel, phone etc. I do not plan on hiring any resources (I will be the sole employee) but would like to have the option to hire additional sales people or front office help in the future if the business grows (next 2 - 3 years). What is the best way to accomplish my goals, LLC, Corporation, S-corp, 1099 or another avenue and why? Thanks, Eric

Submitted: 16 days and 10 hours ago.
Category: Tax
Value: $30
Status: CLOSED
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State/Country relating to question: Florida

Posted by Merlo 16 days and 10 hours ago.

Answer

Hello erussell,

 

All of the different business expenses which you have listed would be allowed as deductible expenses for you, regardless of the type business entity you establish. So what you should really be looking at is which entity offers the best tax advantages.

 

If you operate a multi member LLC, you can choose to be taxed as a partnership, and all of the partnership earnings are subject to tax in the year earned, and all of the earnings are considered to be from self-employment. The same is true if you operate a single member LLC. That means that you and any other partners pay not only federal and state income taxes on the profits, but you also pay the full share of social security and medicare taxes. Those two taxes combined is 15.3% of your net income. If you operate a single member LLC, you are basically considered to be a sole proprietor and are subject to the same very tax rules as the partnership, meaning you pay federal and state income taxes plus social security and medicare taxes on all of your earnings.

If you choose to be taxed as a C Corporation, then you have an issue with double taxation. With a C Corporation, shareholders may draw salaries from the company, and you could leave some of the profits in the corporation as retained earnings for capital or for future use. But those profits would still be taxed at corporate tax rates, and once you withdraw them from the corporation, they are then taxed to you again at the personal level as dividends.

If you choose the S Corporation status, you must pay taxes on the full amount of your earnings each year, but you can split those earnings by classifying some of them as salary and some as dividends. The IRS requires that as a shareholder of an S Corporation, you must pay yourself a reasonable salary. A reasonable salary would be the same amount of pay that someone else in your profession is being paid for the equivalent amount of hours you devote to the business. The salary that you pay yourself will be subject to federal and state income taxes as well as the social security and medicare taxes discussed earlier. But, everything you earn that is over and above your salaries, you may then withdraw those amounts as dividends, which are not subject to the social security and medicare taxes. So you automatically save 15.3% in tax on any profits that you can declare as dividends.

The S Corporation by far offers the best tax advantage and seems to be the #1 choice for people in this day setting up a new business for that very reason.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you.

 

16 days and 10 hours ago.

Reply

Merlo,

 

Thank you for the information! If I pay myself a salary and pay myself dividends do I over pay myself and hold the funds in a personal account for taxes or do I only take the amount of money needed to live and pay the taxes at the end of the year with the company money?

 

 

Accepted Answer

Hello again erussell,

 

If you decide to go with the S Corp, you will need to pay yourself a regular salary, the same as a company would pay you if you were an employee. When you pay yourself a salary, you will withhold all of the normal federal income taxes and SS and Medicare taxes which apply, and those taxes will be submitted to the IRS and to the state each quarter.

 

If your business generates enough profits that you will also have dividends, then you may pay yourself part or all of those dividends at any time you wish throughout the year by simply writing yourself a regular company check. Since no taxes will be withheld on those dividends, you should make estimated tax payments to the IRS and to the state to cover the additional taxes you will owe on the dividend payments. You could wait until the end of the year to pay those additional taxes, but if the tax you owed was more than$1,000 at the end of the year, you would then owe interest and penalties for the underpayment. So paying in estimated tax payments each quarter will help avoid that situation.

 

If this was helpful please press the Accept button. Positive feedback is also appreciated.

 

Thank you erussell

 

 

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Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 
Answered: 11/4/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

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