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dnunn7
New Member

Should I establish my LLC for my company before year end and if so how do i do my taxes with my company? It's just a one man marketing company

 
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3 Replies
DanielV01
Expert Alumni

Should I establish my LLC for my company before year end and if so how do i do my taxes with my company? It's just a one man marketing company

Whether you should establish an LLC or not is more of a legal question.  From a tax standpoint, forming an LLC will have very little impact on your "business return", because an LLC is considered a disregarded entity for tax purposes.  Unless you have previously been filing a partnership return (which, since your business is a one-man show, you can't file a partnership return), you should still be filing a Schedule C to report the business activity.  You can claim the expenses for forming the LLC in 2019 if you pay them, and you may have insurance or other similar expenses, but very little tax impact this year.

 

One option forming an LLC may provide you is the ability to elect that the business be taxed as an S Corporation.  If this is what you are thinking of doing by establishing your LLC, you would do well to research your state's requirements and perhaps speak with an attorney to ensure that this is the best option for you.  If you apply to make the election, it is more likely than not that the IRS would only allow the election for tax year 2020 and forward, and not allow you to claim S Corp status in 2019.  Again, there are legal issues we can't comment on, but this is an overview from a tax side.  For any legal advice related to your question, you would need to speak with an attorney.

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Anonymous
Not applicable

Should I establish my LLC for my company before year end and if so how do i do my taxes with my company? It's just a one man marketing company

the question of whether an LLC is needed or is advisable is a legal question.

the downside is some states impose a significant annual franchise tax or something similar. 

Carl
Level 15

Should I establish my LLC for my company before year end and if so how do i do my taxes with my company? It's just a one man marketing company

Setting up and establishing an LLC is so easy, I don't recommend you do so until the tax year you will be "open for business". I know I set up my LLC in FL in about 10 minutes all on line.... and this was back in 2005.

Now if you have a valid reason to establish the LLC before year's end, then do so. As it stands now, I can only think of one valid reason off the top of my head.

 If you "NEED" to open a business bank account now (which you probably don't) then the bank will require you to provide your business license from the state or county that issued it, in order for them to complete the process. So if you plan to open the business in 2020, and can wait until the end of Jan 2020 to open the business account, don't start the LLC process until Jan 2nd at the earliest.

Hopefully, you're not in California where they impose a gawd-awful high "franchising" fee in excess of $800 a year. Ridiculous!

 

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