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answer center: Advantages of an LLC vs. S-Corp

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Advantages of an LLC vs. S-Corp

May 22, 2009

Question:

I am retiring next month. I have been asked to do some consulting for my old firm and others. A friend has suggested I form a limited liability company or an S corporation. While I don’t expect there to be any liability issues in my line of work, I’m wondering about the tax advantages of either entity? —Bill McIver, Cumming, Ga.

Answer:

There generally aren’t any tax advantages to forming a single-member limited liability company, or LLC, versus an S corporation, says John Evans, a tax partner who specializes in small businesses at BDO Seidman in New York. They’re both considered income pass-through entities, which means that income or losses from the business gets reported on your individual return. So, if an LLC or an S corporation earned $100, the company’s owner would report the full $100 on his or her individual return — creating a tax liability at the individual level.

However, operating as an LLC may be easier, says Evans. “Operating a corporation requires more formalities,” he says. Among other things, an S corporation’s owners are required to file a separate return, Form 1120s, elect a board of directors and host an annual board meeting.
Last 3 Comments
Rich, Business Advisor, SCORE Montco, PA Posted: 8:28 AM On July 7, 2009
Bill- If you need additional advice SCORE, a resource partner of US SBA extends FREE counseling to all. Go to www.score.org or my chapter www.score513.org for additional information and mentoring.
Rich, Business Advisor/Counselor, SCORE Montgomery Posted: 8:18 AM On July 7, 2009
Mr Evans is correct,the only basic tax advantage(check with CPA for your circumstances)of S over LLC is that you can distribute & apportion income as salary & shareholder dividends. Dividends portion is not subject to FICA with S vs. LLC which all profit is subject to self-employment tax.

Other differences terms of eligibility of S is that all shareholders must be individuals and US citizens vs. LLC where members can be another entity or non-US citizen.

Both entities have the corp veil protection - contrary to Mr. Fallis' statement. Actually, since a LLC is a relatively new entity structure, rules and regs vary by state vs. a S which is standard.

As far as income being deferred, if your client has pre-paid for services not yet performed that income can be deferred regardless of structure. A 'C' corporation has retained earnings.
Rich Fallis Posted: 2:53 PM On May 29, 2009
Geez...I hope this guy's advice is a little more detailed to his clients.

An LLC...means if you screw up, you don't lose your house or your cars or your bank-account if you are sued (if you kept your corporate veil intact).

Second, with an LLC, you can defer income. So, you don't have to pay tax on every dime you made in a specific year, but can forward your taxes to another year...at which time you can pay yourself or spend profits on whatever you need to grow your business.

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