What Business Type Do I Need For My Small Business?

If you're thinking about starting a new business, one of the first choices you will have to make is the type of business that works best for you. For a small business, you basically only have two viable options: an LLC or an S-Corp (a corporation governed by subchapter S of the IRS tax code). Both are pass-through entities, which means the members or shareholders are personally responsible for paying tax on money received.

LLC

An LLC is simple and cheap to maintain. If your business makes less than about $30,000 to $40,000 in net profit, then you probably need an LLC.

Advantages to an LLC:

-It is easier than an S-Corp to file your taxes. You don't have to worry as much about payroll.
-If you have only one person, you can file your LLC as part of your personal taxes each year.
-If your LLC grows larger, you can set it up with the IRS to file as an S-Corp in the future.

Disadvantages to an LLC:

- You have to pay self-employment tax on all the net income of the company. The self employment tax is approximately 14%.

S-Corp

An S-Corp is a more complicated business setup. If your business makes more than about $30,000 to $40,000, then you probably need an S-Corp.

Advantages to an S-Corp:

The main advantage of an S-Corp is that you pay much less in self-employment tax. If you own 5% or more of your company, you are considered an employee and you can decide, within reason, what portion of your net income is to be allocated as your salary. This money is taxed for both income and self-employment, just like an LLC.

However, the rest of the net income is not subject to self-employment tax. This money may be kept in the company or may be paid out as shareholder drawings.

When allocating net income, keep in mind that your retirement benefits such as Social Security, IRAs, and 401Ks are based only on the salary portion of your income. Also, you get a tax deduction for IRAs and 401Ks, making them even more beneficial.

Also, you can't just allocate $0 for your salary to avoid self-employment tax. You have to allocate a reasonable salary in case the IRS audits you for some other reason and looks at your salary allocation. The allocation can be based on what a regular employee would make for 40 hours per week.

Disadvantages to an S-Corp:

-It costs an average of about $500-$2000 per year in additional accounting and tax preparation services to have an S-Corp rather than an LLC.
-You have to file your business taxes and personal taxes separately.
-You have to file your payroll taxes quarterly.

Sole Proprietorship - A sole proprietorship is the same thing as a one-person LLC as far as filing taxes goes, but the LLC's limited liability makes it the preferred choice in most cases.

C-Corp - A C-Corp is usually not a good choice for a small business because it uses double taxation. Income is taxed at both the corporate level and the shareholder level. An LLC or an S-Corp uses single taxation. Profit, loss, deductions, and credit are passed on to the members or shareholder for tax purposes and income is not taxed at the LLC or corporate level.

This article is brought to you by John Michael Miller CPA Inc, one of Atlanta's most reputable accounting firms. We also work with clients all over the United States. We specialize in tax preparation, accounting services, financial planning, payroll, and new business setup. Contact us today at
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