Cindy4
Employee Tax Expert

Business & farm

An LLC, Limited Liability Company, is a state legal entity, not a tax entity.  If you want to be taxed as a corporation, you will need to file an entity election form with the IRS, otherwise you will default to either a sole proprietor - if a single member LLC, or a partnership - if a multi-member LLC.

 

Basically, the tax savings will be on employment taxes - Social Security and Medicare, and on the deduction of the SEP IRA contributions by the company.

 

There are many considerations when choosing a tax entity.  Corporations are subject to income tax, currently at 21% of their profit, so you may end up paying tax on money twice.  Once at the corporate level and then again if you take that money in a later year as compensation or dividends from the corporation.

 

People sometimes choose to make an S-election.  This allows for the income and expenses to "flow-through" to the shareholders.  The income doesn't get taxed at the corporate level, only the shareholder level.  Once the income tax is paid, the distribution can be made at a later date without paying income tax on it again.  However, shareholders participating in the  operation of the company are expected to take a reasonable salary, so there will be a certain amount of employment tax - social security and Medicare - that will have to be paid.  This is usually a lower amount than taking it all as self-employment income as a sole-proprietor.

 

 

Here are some resources that may be worthwhile reviewing before making a decision:

 

Calculating your own Retirement Contribution

 

Limited Liability Companies and Taxes

 

S-Corp vs C-Corp

 

IRS entity declaration form for LLCs

 

What you need to know about SEP IRAs

 

Advantages of a SEP IRA

 

Hope this helps!

Cindy

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