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hi we Philips here I'm an attorney counselor to the Supreme Court of the United States and this is the continuation of my youtube series and we're going to talk about LLC's and the taxation of LLC's there's a lot of confusion in this area I need to clarify something with you and LLC is an LLC is an LLC is an LLC what do I mean by that I mean that the legal structure of an LLC is the same it doesn't matter whether it's taxed as a sole proprietorship what we call a disregarded entity whether it's taxed as a partnership if there's two or more individuals you can have it taxed as a partnership whether it's taxed as an S corporation or a C corporation or non-profit it doesn't matter how its taxed the legal structure how you set it up how you run it what you do with it is identical from a legal standpoint the question is how is it taxed 1977 LLC's are created in Wyoming of all places and they created this new animal it's basically a genetic match or daddy corporation mommy partnership but they created this new animal and the question was okay mr. IRS how unit accent well when we ask for a small business corporation taxation structure they created subchapter S of the IRS Code Chapter C is for C corporations subchapter S is for S corporations and so we finally we actually expected them to create a subchapter C of the IRS code for this new animal called an LLC limited liability company well in standard IRS fashion it took 20 years for the IRS to get back and say we don't care how its taxed you just check the box so how do you want your LLC taxed and by the way how your LLC taxed is going to make a huge difference in the amount of money that you take home are you going to make passive income you're going to make earned income what kind of money you're going to make in this company because that's going to determine the taxation structure that you want it's not a legal question the IRS said we don't care how you tax it just check the box so now you get to choose how your LLC will be taxed has nothing to do with the asset protection has nothing to do with the legal structure just how do you want the IRS to look at this thing a disregarded entity is your social security number you file a Schedule C that's one person you owning the LLC two people on any LLC you can have a tax is a partnership you follow 1065 if you want to taxed under the corporate structures one or two individuals five in a dumb matter but if you want to tax as escort fine you're going to have to fill out the forms with the IRS that says you want it fill you want it file that there's an escort you want it tax as an escort you can have it taxed as a c-corp but there again the decision is yours and it depends upon how you're going to make your money now if you don't do anything which a lot of people don't then you're going to default down to the disregarded entity or sole proprietorship if there's only one guy owning at you or third two or more individuals owning the LLC by default you will be taxed as a partnership so those are your tax structures it's an accounting question it's not a legal question and this is Lee Phillips I've talked to you for a minute about taxation of your LLC
Thanks for your comment Arnulfo Sowinski, have a nice day.
- Shiloh Brun, Staff Member
llcs are by far the most popular entity type among small businesses or what exactly are the benefits of a llc how does it protect your business and more importantly what are the tax benefits of choosing an llc over another entity the answers to these questions may influence the entity structure that you choose for your business and how much money you end up paying to the irs hi my name is sherman a cpa with life accounting a full service accounting firm that helps small businesses grow and manage their finances in this episode i'm going to explain all the tax benefits related to llc by the way if you're new to our channel please be sure to subscribe so you don't miss out on future videos that can help you grow your business also if you extract any value from this video please help me out by clicking the like button below lastly although i am a licensed cpa the information in this video is solely for informational purposes only it is not meant to take the place of legal and accounting advice specific to your business with that said let's talk about some llc's before we get into it let me address the most important topic on everyone's mind right now the tax loopholes associated with llc's now i'm sure you've heard of all the stories about how the rich doesn't pay any taxes or how politicians and alleged millionaires and billionaires have tax schemes to not pay any taxes to the irs and maybe you've heard that llcs is exactly what can help you evade those taxes altogether well i've got some news for you it doesn't llc's is not a tax loophole in fact llcs have nothing to do with your taxes in general llcs are legal entities that protect you from personal liability in the event of a lawsuit for example for tax purposes your llc is viewed as either a sole proprietorship or partnership typically in either case it doesn't necessarily mean that you're evading taxes however when stacked up against other entity types there are ways that you can look at an llc as a tax advantage or benefit so with that said let's go ahead and dig into what those tax benefits may be tax benefit number one pass through taxation when it comes to entity taxation there are two type of taxes that you need to be aware of pass through taxation and double taxation pass through taxation means that all the money that your business receives is subject to taxation even if you did not pay yourself a dime from your business income you will be taxed on it now double taxation on the other hand means that technically you're taxed twice first of all your business is taxed on all income and secondly when you are paid you are also taxed personally on the income that you take out of your business with that being said a major tax benefit of llcs is that it is only taxed once with pass through taxation here's an example of what i mean let's say you made 100 000 as a llc if your tax rate is 25 then you would only pay twenty five thousand dollars in taxes as an llc however on the other hand let's say you're a c corporation if you made one hundred thousand dollars as a c corporation your business will be taxed on that income first if the corporate tax rate is 20 then you would hypothetically pay 20 000 in taxes but then you have to also pay taxes on what you pay yourself from your corporation so let's say you decide to pay yourself 50 000 in w-2 wages and this puts you in a 20 tax bracket this would mean that you would have to pay an additional 10 000 in taxes due to your personal income that you've taken from your business so in total as a c corporation you would have paid thousand dollars in taxes whereas as an llc you would have only paid twenty five thousand dollars in taxes now to be fair this is a oversimplified example and there are some additional things to consider like self-employment tax for example however in general this is an example of how someone could view an llc as a tax benefit tax benefit number two s corporation election another tax benefit of llcs is that you can elect to be taxed as a s corporation s corporations are unique in that you don't have to pay self-employment taxes however you are supposed to pay yourself a reasonable salary aka w-2 wages for the work that you perform now the taxes you pay on your w2 wages will typically be about the same as what you would have paid in self-employment taxes however if your business earns over a reasonable salary for your own work then electing to file as an s-corporation may be worth considering again this is simplified information but if you want to weigh the pros and cons of this you can contact us to create a custom tax plan for you all right tax benefit number three tax write-offs the next benefit of a llc are tax write-offs now this is a major benefit for self-employed individuals who may not be writing off everything related to their business like your home office expenses business travel and other business related expenses a llc is typically considered separate from you as an individual which means that your business finances should be separate from your individual finances making it much easier for you to keep track of your business expenses in order to deduct it from your tax return for example if you have a business bank account you can sync your financial information with a bookkeeping platform like quickbooks for example then you can categorize all of your business transactions so you can easily start deducting eligible expenses from your tax return tax benefit number four pass through tax deductions now i know what you're thinking i'm about to completely contradict myself but i'll explain why in just a second generally there is no difference in tax write-offs for a llc versus another entity type like a corporation however llcs are eligible for the 20 pass-through tax deduction that was passed through the jobs act all passed through entity types sole proprietors partnerships llc's and so on can deduct up to 20 percent of their taxable income from their taxes so for example if you were preparing to file a tax return that report one hundred thousand dollars in income then this deduction would reduce your taxable income to eighty thousand dollars if applicable the twenty thousand dollars in savings would save you thousands of dollars on your business tax return now to be fair there are a few rules and regulations that may disqualify you from receiving this tax deduction however if you are eligible for it it could turn out into some big tax savings tax benefit number five llcs are easy to set up one of my favorite things about llcs is that it is fairly easy to set up which ultimately makes filing your taxes much easier and less stressful than other entity types you don't have to worry about divvying up stuff like common stock and preferred stock and there is typically less record keeping required for setting up your llc in the first place ultimately there is less compliance required for setting up llc's so if you don't have a lot of things going on in your business starting off with an llc might be a great option for you okay so those are the major tax benefits of an llc now let's recap today's episode today we exp
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- Shiloh Brun
About the author
I've studied computing in social sciences, arts, humanities, and professions at Great Lakes Christian College in Lansing and I am an expert in physical education / pedagogy. I usually feel predatory. My previous job was motor vehicle inspector I held this position for 27 years, I love talking about baking and yachting. Huge fan of Sean Astin I practice netball and collect match-related items.
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