Why You Should NOT Form an LLC!

by Finance Tips

As a financial advisor, I often guide entrepreneurs through the complexities of business ownership. A common entity choice for many is the single-member LLC. It offers simplicity and liability protection, but it also raises questions about the best way to handle owner’s compensation. Let’s explore this in detail.

Understanding Owner’s Distributions in a Single-Member LLC

When you operate a single-member LLC, you’re considered a ‘disregarded entity’ for tax purposes. This means the LLC’s income passes through to your personal tax return. Paying yourself is straightforward: you take ‘distributions’ directly from the LLC’s earnings. These are not payroll transactions and don’t require formal processing through payroll services like ADP. However, it’s important to note that these distributions are not tax-deductible for the business.

Tax Implications of Distributions

Distributions you take from the LLC do not affect your business’s taxable income. The LLC doesn’t get a tax deduction for the money you withdraw, and these distributions aren’t subject to payroll taxes. However, as the owner, you’re responsible for paying self-employment taxes, which cover Social Security and Medicare, based on the LLC’s profits.

The Self-Employment Tax Conundrum

As an LLC owner, you’re subject to self-employment taxes at a rate of 15.3% on your net income. This can be a significant amount, especially as your business grows. For example, if your LLC earns $100,000, you’d owe $15,300 in self-employment taxes alone, not including federal and state income taxes.

Is an S-Corp Election Right for You?

Electing to be taxed as an S-Corp can offer tax-saving opportunities. As an S-Corp, you can pay yourself a reasonable salary, which is subject to payroll taxes, and take additional profits as distributions, which are not. This can reduce your self-employment tax burden since only the salary portion is subject to these taxes.

Calculating a Reasonable Salary

Determining what the IRS considers a ‘reasonable salary’ can be challenging. It’s not just about the income of the business but also about the net income after expenses. The salary must reflect the value of your work in the business and industry standards.

The Process of Electing S-Corp Status

To transition from an LLC to an S-Corp, you’ll need to file Form 2553 with the IRS. This election changes how your business is taxed but comes with additional responsibilities, like adhering to payroll requirements and potentially more complex tax filings.

An Example: Tax Savings with an S-Corp

Let’s say you earn $100,000 through your LLC. As an S-Corp, you determine a reasonable salary of $40,000, subject to payroll taxes. The remaining $60,000 can be taken as distributions, not subject to self-employment taxes. In states like California, with high state taxes, the savings can be even more pronounced when compared to a single-member LLC’s tax burden.

The Bottom Line

Whether you remain a single-member LLC or elect S-Corp status, understanding the tax implications is crucial. Regularly consulting with a financial advisor or tax professional can ensure you’re making the most of your business structure and not overpaying in taxes.

Disclaimer: This blog post provides the financial considerations for single-member LLC owners. It’s designed to educate and inform, but it’s not a substitute for personalized financial advice. Always consult with a professional to discuss your specific business needs and tax situation.

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Silvia Manent, Manent Capital

Silvia Manent, CFA, CFP®

Silvia is the Founder and Managing Partner of Manent Capital, a Boston-based wealth management firm that focuses on helping women understand their personal and business finances so that they can feel accomplished, confident and excited about investing in their future dream goals.


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