Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.
Let's look at what you did right - you took the advice of your attorney. It does make sense to start fresh, particularly when one spouse has bad credit and one spouse still has good credit.
The loan people realize that you don't have your 2012 taxes done. There's no way to do this until after December 31, and even then you have to wait until late January - sometimes even February - before having the information to file.
So, the key word is "or" - they need your 2012 tax return "or" proof of what the company paid you. Since the company paid you, simply show them the company's records, and show where you deposit money into the bank from the company.
When you have an LLC, the default is that it will be taxed as a partnership if there are more than one owner or as a schedule C business if there is only one owner. You can, however, elect to be taxed as an S-corp. CLICK HERE
to get the form you will fill out to become an S-corp for tax purposes.
The deadline for this form is March 15, if you follow a calendar year. So, you would have had to make the S-corp status by March 15, 2012 for the current tax year. However, you can file the form now, so that January 1 you are taxed as an S-corp. You can't go back in time and retroactively become an S-corp for tax purposes.
This could be a costly lesson, as now you will pay self employment taxes on the profit of the business. As you are probably familiar with, an S-corp allows you to take a salary and then you don't have to pay self employment taxes on 100% of the earnings, you just pay payroll taxes
for your salary.
The state you open your business in usually isn't a big deal. Your business is portable throughout the US, but you may need to pay franchise fees to the states that you do business in. It's not a big deal.
Reinstating the old company and closing your new one would not help you. Instead, you should just stick with the new company and get your tax situation in the right order.
As for the loan issues - everyone is having issues these days. It's hard to get loans. It's frustrating.
I'd suggest hiring a local
accountant to keep your books and file your taxes. As you are a small business, someone should be able to give you an affordable quote. It might be more expensive at first until the accountant gets everything in order. Then, it becomes routine the cost will go down.
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