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Mark D
Mark D, Enrolled Agent
Category: Tax
Satisfied Customers: 1304
Experience:  MBA, EA, Specializing in Business and Individual Tax Returns and Issues
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I am in the process of starting my own consulting business.

Resolved Question:

I am in the process of starting my own consulting business. What is the best corporation structure for me to form if I am a single man operation and why?
Submitted: 9 years ago.
Category: Tax
Expert:  Mark D replied 9 years ago.
Customer

If you are the single owner, you are expecting profits, and you do not plan on bring on investors, your best option may be to set up a S-Corporation. I say this because in a S-Corp you avoid the double taxation of a C-Corp, are partially protected from self employment taxes, and you would have liability protection. The reason I say "partially protected from SE tax" is because, as an owner/officer, you would need to take a reasonable salary when there are profits and distributions, and when you pay a salary, you pay payroll taxes. You should inquire with the SBA about any seminars that will educate you on running a corporation, as there are strict regulations and rules you must follow. You would also have an extra tax return to file and your personal tax return would become more difficult as well. Please let me know if you have further questions.

Regards,

Mark D

Mark D and 2 other Tax Specialists are ready to help you
Customer: replied 9 years ago.
I know of many people who use an LLC. What's the difference?
Expert:  Mark D replied 9 years ago.
Customer

An LLC has more flexibility with distributions and profit and loss allocations. Also, an active participant would have their income from an LLC subject to SE Tax. A single member LLC (SMLLC) is also not a federally recognized entity, so you would generally report income on your Schedules C, D and/or E. You can organize an LLC and elect to have it taxed as a corporation as well.

Regards,

Mark D