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1. Not entirely correct. In most states, S Corporations pay more taxes on their income than do LLCs. Also, you don't avoid paying the self-employment tax; yo
by rprasad 16y ago
1. Not entirely correct. In most states, S Corporations pay more taxes on their income than do LLCs. Also, you don't avoid paying the self-employment tax; you just pay it in a different way, as payroll and other taxes through the S Corporation. In many states, taxes incidental to the employee relationship will end up exceeding the self-employment tax. Moreover, wages paid through an S Corporation cannot be characterized as capital gain (15% rate vs. higher), whereas income earned from an LLC can be capital gain.
Also, the S Corporation has significant restrictions. The most important is that only US citizens/legal residents can be investors. If any of the restrictions is not met, the S Corporation will be taxed as a C Corporation, resulting in double taxation of income.
2. I agree; the only benefit of a series LLC is avoiding the administrative costs of forming multiple LLCs. Unfortunately, the accounting costs and hassles for a series LLC will more than swallow up the (relatively small) administrative savings.
Also, the series LLC is not a new form; it's just an extension of the sub-partnership concept and will be taxed the same way. (If the corporate tax structure is selected, it each new LLC in the series will be treated as a subsidiary.)
If you're worried about filing taxes, just choose the simplest form. The tax code is very simple as long as you don't try to play games with it.
- camz 16y agoI think I'm having a difficult time understanding your logic. An S-Corporation is a passthrough tax entity that doesn't pay tax on a corporate level. The income is paid on the 1040 tax return with a K1. Thus, I don't see how the S-Corp would lead to a tax that is any different than a LLC. Its effectively the same tax treatment in this case except that there is the ability to lower SE Tax. By paying a reasonable wage to the owner, the net income would be distributed as a dividend which is not self-employment income and thus would be exempt from SE Tax. Also, wages paid to an owner/employee of an S-Corporation is not required to pay FUTA (unemployment) and etc, thus the only tax that you'd be required to pay is FICA and Medicare just like everyone else. Clearly, the S Corp has a number of restrictions which ties in well with the fact that an S Corp is a "small corporation" But, for small or new companies that aren't getting major funding, this is a great option.