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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I formed a small S Corp. last year because I was anticipating

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I formed a small S Corp. last year because I was anticipating working on a part time basis selling products and being paid on a 1099 basis. Because of the rising business costs and taxes associated with the new health care laws, I am re-thinking the logic of having the S Corp. at all. Rather than pay State and Local taxes (ie: occupational priviledge tax), etc. for reporting and keeping the company current from a tax standpoint, wouldn't I be better off just disbanding the S Corp. and dealing with the 1099 situation from an individual standpoint?

Good morning John,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

The real benefit of the S-Corp is a level of anonymity and some legal protection for your personal assets. If the business you are engaged in is not one you are likely to be sued in, then the cost of maintaining an S-corp may simply not be worthwhile with the myriad of expenses and obligations just to keep the corporation active.

As a CA attorney, I avoided incorporation of my solo practice and simply went with the 1099's, and was better off in the long run doing it that way. It certainly simplifies life to be corporation free.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.


LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Doug, Thanks for getting back to me on this. It helps. I have another question.

Part of the reason I began looking for ways to help bring in extra income, pay bills is that I am employed by a CA LLC that has decided to stop paying its employees (I am one of 5).


I am VP of Sales for an electronic display company. For the past 4+ years I have been paid a salary ($85k/yr paid bi-monthly) and also a commission 2.5% gross sales. As of this Friday, the company will be 7 pay checks in arrears (approx. $23,000) and I have been paid zero in commissions for 2013 (owed approx. $15 commissons). I have complained several times but so far have not filed a claim with the CA Board of Labor Relations. The company does have some upcoming potential sales that "could" alleviate the situation, but I have run out of money waiting for this to happen. I'm pretty torn about what to do.

Hi John,

I apologize, but I don't see another question. Have you moved from the issue of whether to close your S- Corp to another issue---because all I see is a problem that you have with your employer, but no specific question.

If your new question is dealing with your employment situation, and not the issue of whether to dissolve your corporation, then as you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread. I am required to ask that you place these new questions in a new thread, as is required by JustAnswer. I do sincerely XXXXX XXXXX any inconvenience this might cause you.

Customer: replied 3 years ago.


Thank you for your positive rating of my service, John. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.

Thanks again.


When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Customer: replied 3 years ago.