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Level 2
July 27, 2022
Solved

Self-employed

  • July 27, 2022
  • 1 reply
  • 3 views

Good morning, thank you for the opportunity to ask a question. I’m self-employed with around 90k yearly income. Is it a good idea to set up an LLC and pay myself a salary in a reasonable amount, and receive the rest of income through a distribution? Awaiting your response. Thank you! 

    Best answer by Anonymous_

    A single-member LLC is disregarded for federal income tax purposes; it is treated as a sole proprietorship unless an election is made to treat the LLC as a corporation.

     

    As a result, your single-member LLC could not pay you a salary (again, unless an election was made to treat the LLC as a corporation).

    1 reply

    Level 15
    July 27, 2022

    A single-member LLC is disregarded for federal income tax purposes; it is treated as a sole proprietorship unless an election is made to treat the LLC as a corporation.

     

    As a result, your single-member LLC could not pay you a salary (again, unless an election was made to treat the LLC as a corporation).

    Nick RrAuthor
    Level 2
    July 27, 2022

    Thank you for the prompt response. My wife works with me so she can be an employee as well, will that qualify since it will be two employees now?

    Level 15
    July 27, 2022

    Even if you have a multi-member LLC, the default entity type is a partnership. 

     

    As such, members (partners) could only receive guaranteed payments, which are reported on their K-1s (not W-2s). 

     

    In other words, partners of a partnership and members of an LLC (under the default classification) cannot be employees of the entities of which they are partners/members.