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Written by : Cody Kapral
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one of the most popular types of business entities in the united states is the single member limited liability company this type of llc only has one owner and a single member llc is usually a business registered in the state where the company does business the phrase single member is a admission that the llc only has one owner and that owner is referred to as a member now a single member llc has so many benefits that are also shared with the normal llc so in this video i'm going to break down some of those advantages and disadvantages of a single member llc in 2021 while also discussing the typical operating agreement how taxes work and compare that against sole proprietorship now let's go ahead and dive in by quickly looking at what a llc is so loc stands for limited liability company which is simply a type of business entity you can create when you choose to go into business example of other entities would be a sole proprietorship limited partnerships general partnerships s corporations and of course c corporations all of these business entities have their own unique advantages and disadvantages and llcs are pretty popular and most known for their advantage of separating business assets from personal assets thus protecting your personal assets from any business related liabilities and for comparison an llc with multiple owners are typically known as a partnership llc and of course as we mentioned an llc with one owner is known as a single member llc and sometimes referred to as an smlc now let's move on and talk about how a single member llc is formed so if you want to start a business and believe that a limited liability company is the best entity type for you then you'll want to go to your state's business division and gain information about the specific process that you need to follow usually this just involves going to your secretary of state website following the articles of organization or in some states called certification of organization and then pay a filing fee which usually ranges somewhere between 100 to 200 if you're doing it yourself along with registering your business in your state you may want to consider filing an operating agreement for comparison the articles of organization tell the state the new single member llc exists puts it into the public eye and then shows people how to contact the business should they need to whereas the operating agreement lays out the most important rules for how the single member llc will be run generally the operating agreement is not required to form a single member llc although it is highly recommended that's because a single member llc operating agreement offers some many great benefits like these so number one it provides rules that will supersede the default provisions of your state's llc act so if you don't agree with some of the things that your state has in law then you can use this to serve as your own operating agreement number two it serves as an additional document that you can show the potential lenders regarding the organization of your business so if someone wants to invest into your business then you can show them your operating agreement which gives them some insight to your plans and number three this is particular for manager managed single member llcs which basically means you are operating the business which is that you can specifically specify who will take over management of the business in the event that the owner becomes incapacitated or dies number four the operating agreement provides an additional affirmation of the separation between your business and from you personally number five provides a point of reference for how you originally intended to operate the business now it's important to note that some banks that you want to work with will expect you to have an operating agreement all right now let's move on and talk about some of those advantages of a single member llc but really quick before i do if this is your first time here welcome to our channel i'm sean with life accounting the accounting company that saves people from high taxes and low profits if you're enjoying the video so far please hit the like button below so that youtube will show this video to more people like you who want to learn about single member llc's and if you're not subscribed yet you're missing out because we drop new valuable videos just about every week okay now let's move on to the benefits of a single member llc now some people really confuse sole proprietorship with a single member llc because they're kind of similar but the single member llc usually wins that's because a single member loc is a separate business entity from its owner it is no longer attached to or identifies with the owner for tax or liability purposes one big benefit of a single member loc is that the llc is recognized as a legitimate business due to the popularity in the requirement of the llc being included in the business name also when a single member llc is formed within a state part of the approval process is the business name registration which then protects any other business in the state from using your business name so those are some of the major pros of a single member llc but of course a single member loc is not for everyone and there are definitely some cons now i won't cover that here because crystal did an exceptional video comparing locs to s-corporations which i'll link up above and sherman also has a pretty great video on all the benefits of a llc so if you want to learn more about that then i'll link this one as well however one special thing to note regarding single member llcs is that they are the most common type of disregarded entity which basically means the irs can ignore it for business tax purposes and instead collect taxes through the business owner's personal income tax filing okay so let's dig into that a little bit more and take a look at how a single member llc is taxed now because single member llcs can be classified as a disregarded entity the responsibility for paying income taxes are passed through to the owner this way of tax and profits is known as pass-through taxation which then refers to llcs as pass-through entities the primary business taxes that you're gonna pay are gonna be federal income taxes and self-employment taxes now to report and pay federal income taxes as a single member llc business you will need to complete a schedule c which is a profit or lost business form which is attached to your personal federal tax returns that you file with the irs now that schedule c will report all your business transactions such as your income your expenses your assets and your profits that's why it's critical as a business owner that you're keeping track of all your transactions throughout the year in preparation for tax season here's a quick example that will make single member llc taxes very clear let's say that mary is someone who owns a single-member loc part-time and owns a homemade bakery business last year she earned a total of forty thousand dollars from the business and had expenses totaling ten thousand dollars for supplies equipment and other items we'll sa
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- Cody Kapral, Staff Member
in this video i'm going to discuss four scenarios in which you do not want your business to be taxed as an s-corporation that's right you heard me right i said not be taxed as an s-corporation there's so many videos out there promoting the s-corporation and why it's so great and it is it can save you a lot of money in self-employment taxes but you must also know what the drawbacks are it doesn't fit every single business owner out there so i'm going to touch on the following four scenarios one is how much profit should you be earning in your business before it makes financial sense to have your business taxed as an s corporation the second one would be how large amounts of w income sorry w-2 income rather can negate the tax savings of an s-corporation so by w-2 income i mean you are employed by an employer and actually like have a job that you earn money at what happens when your state that you live in does not recognize the s corporation or perhaps they tax the s corporation and lastly why passive income such as buy and hold rental real estate should not be taxed as an s corporation so if this is your first time watching my name is navi mirage i'm a cpa who helps real estate professionals that's real estate agents and realtors and brokers across the country save thousands of dollars in taxes but um that said if you are a regular business owner and you don't deal with real estate stick around because this bus this video is going to apply to all small businesses um let me just lay that lay the foundation for you a moment uh we're talking about when the s corporation may not make financial sense right and so before watching this video some of you may want to brush up on the different differences between what a sole proprietor is an llc an s corp and a c corporation and i have another video on that topic so if you're not quite understanding what i mean by an s corp or how an llc is taxed as an s corp or a corporation a c corporation that is can be taxed as an s corporation you might want to watch those videos first and i'll link them either in the description or somewhere else depending on where you're watching this video as a refresher though from some of those videos and me diving deeper into the s corporation remember that the profit from your business is subject to two different types of tax right so the profit from your business is subject to self-employment taxes and it's subject to income taxes both both at the federal and state level okay self-employment taxes are another way of saying social security and medicare taxes okay the s corp strategy is all about saving money in self-employment taxes it doesn't have anything to do really with the federal income tax or the state income tax so whenever you hear s-corp understand that it's a strategy related to saving money in self-employment taxes and not so much federal income taxes or state income taxes recall that self-employment taxes are paid at a rate of 15.3 percent on the profit of your business so let's say you have a very profitable business that has a hundred thousand dollars in profit you're gonna pay self-employment taxes of fifteen thousand three hundred dollars if you're taxed as a sole proprietor and not taxed as an s corporation okay so now that you have that knowledge or that foundation let's talk about the reasons why you should not be taxed as an s corporation so i'm just going to hit the highlights here in this video uh my plan is to create subsequent videos that dive into these topics in greater detail so be sure to subscribe so you don't miss those videos because i think understanding the why is just as important of understanding these sort of statements that i'm making so how much profit should you be earning in your business before baking uh the s corp election and in my view sort of the general is 40 000 and i'm defining profit here as revenue minus your expenses right so some of you earn your revenue by selling products others of you earn revenue by selling services right so either way i'm defining as profit as the income that you earn the revenue that you earn minus all your tax deductible expenses so um the reason for the forty thousand dollar figure and why i think that's sort of the um generic amount of profit you should make before making the s corp election is because of the additional cost associated with an s corporation so you're going to have uh tax preparation fees because the s corporation is a separate tax return than that of an individual uh that's taxed as a sole proprietorship let me say that one more time or a little bit differently when you have an s corp you have to fill out or file a s-corporation tax return which is different than when you were perhaps an llc tax as a sole proprietor or perhaps you didn't form an llc and you're just tacked to the sole proprietor there's now two separate tax documents that need to be filed and so cpa is going to charge you money to do that for you right also when you're in s corp you're going to need to take a quote-unquote reasonable salary per the irs there's a lot of paperwork that has to deal with paying yourself and so you'll likely hire a payroll service to perform that for you and also there's the annual maintenance of an s corporation or perhaps the annual reporting of an llc that's taxed as an s corporation or the annual reporting of a c corporation that's then taxed as an s corporation all of these are fees involved in having an s corp right and so basically you know it's cost benefit analysis so you want to make sure that these fees don't outweigh your tax savings and i have found that it's usually around the 40 000 mark where it makes sense to make that s corp election but you know it's not a one-size-fits-all answer and you should consult with your cpa or perhaps myself to make sure that it's right for you the second reason why you may not want to be taxed as an s-corporation is when you have high w-2 wages so if you are an employee at a company and also have um a small business right so you you work state of nine to five and you also have a side hustle where you might sell on amazon or you sell real estate on the side if your rate if your wages already exceed what's called the wage base which in 2020 is currently 137 700 that means your income has already hit the cap for social security taxes so the s corp strategy is not going to save you any money as a matter of fact you'll actually lose money if you elect the s corporation status for that business because your s corp will pay for the employer portion of social security and medicare taxes unnecessarily because if you're taxed as a sole proprietor you wouldn't have any of those additional payroll costs associated with the s corp and i i get it that you may not understand the details of what i'm saying here the important thing to note is that if your salary is a you know 137 000 at your day job or higher and you're also have a side hustle you might not want to be an s corp okay um again the details will be discussed in another video um there's still an opportunity for the s corp to make sense when your base wages are that high but instead of
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- Cody Kapral
About the author
I've studied conservation psychology at Howard University in Washington and I am an expert in infrastructure. I usually feel moody. My previous job was heavy equipment mechanic I held this position for 3 years, I love talking about roundnet and pachisi game. Huge fan of Abraham Maslow I practice kayaking and collect fossils.
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