This Question is Possibly Answered

1 "correct" answer available (5 pts) 3 "helpful" answers available (4 pts)
Post a new topic
12 Replies Last post: Feb 17, 2008 9:28 AM by grantsforce

S-corp two partner consulting business

Feb 12, 2008 11:58 AM

Click to view ndp125's profile Mogul ndp125 25 posts since
Feb 5, 2008
Okay,
Based on these two threads (I do have a bit of bias towards S-corp owing to it's advantage of lower taxation and easily modifyable parternship)

Relevant Thread
http://smallbusinessonlinecommunity.bankofamerica.com/message/16214

My own thread
http://smallbusinessonlinecommunity.bankofamerica.com/thread.jspa?messageID=16037&#16037

Now I agree that LLC is simpler however in terms of adding partnership (I am currently setting it up as a 2 partner business) and because of tax benefit I am considering S-corp. I also have an accountant who suggested S-corp. I do also see the benefits of LLC to protect my assets however at this point I do not have any except a Car.

Nonetheless I would really like to have your comments based on my points of observation.

Our current business is in terms of IT based consultation, however in the future we are considering other services.

So in that regards can we change from S-corp to LLC if required ? (Just as we can for C-corp and S-corp) ?

Report as inappropriate
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
1. Re: S-corp two partner consulting business Feb 12, 2008 3:31 PM
I'm not aware of a way to "transform" an S-corp entity into an LLC, but an S-Corp can be an LLC member (owner) -- so I suppose you could have your S-corp create and capitalize a new LLC, and effectively accomplish the intended result that way.
Click to view LUCKIEST's profile SCORE LUCKIEST 7,935 posts since
Aug 6, 2007
2. Re: S-corp two partner consulting business Feb 12, 2008 3:40 PM
125. You have an Accountant. Listen to your Accountant.
Why are you worried about an LLC if you have no assets except a car.
Also go to Members page and add a few words about your business.
LUCKIEST
Click to view ndp125's profile Mogul ndp125 25 posts since
Feb 5, 2008
3. Re: S-corp two partner consulting business Feb 13, 2008 10:14 AM
in response to: LUCKIEST
Hello Luckiest and Lighthouse24,
Thanks for the responses. I have updated little bit about my business as suggested by Luckiest.

The reason I am trying to get everyone's opinion apart from my accountant is to better understand the business side of things. Consideering many of you here to be experienced in terms of starting businesses it is definitely reassuring.

In terms of my personal style I always like to verify and understand facts prefer not to go by word especially not depending on a single person. There are always many creative solutions to a single problem. Having said that..I really appreciate all your comments and help and if there are good resources for my scenario please let me know.

ndp125
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
4. Re: S-corp two partner consulting business Feb 13, 2008 11:47 AM
in response to: ndp125

The resources that will help you most are specific to your state (S-corp and LLC structures are formed/governed by state law). If you indicate the state in which the company was formed/registered, I'm sure someone can offer authoritative links.
Click to view ndp125's profile Mogul ndp125 25 posts since
Feb 5, 2008
5. Re: S-corp two partner consulting business Feb 13, 2008 12:03 PM
in response to: Lighthouse24
Thanks lighthouse24 ..learning new stuff

My state is MA
Also since we are at it. I am considering using a P.O Box rather than home address for my business. It seems few people in the forums have recommended that with the obvious reasons for safety.
Click to view ndp125's profile Mogul ndp125 25 posts since
Feb 5, 2008
6. Re: S-corp two partner consulting business Feb 13, 2008 12:05 PM
in response to: ndp125
Added more bits and pieces to my profile

Start year 2007 as sole propritorship
Revenure range above $10K
Click to view LUCKIEST's profile SCORE LUCKIEST 7,935 posts since
Aug 6, 2007
7. Re: S-corp two partner consulting business Feb 13, 2008 12:08 PM
in response to: ndp125
Added more bits and pieces to my profile??.
Listen to your Accountant. He know you and your business.
That is why you are paying him / her.
LUCKIEST
Click to view ndp125's profile Mogul ndp125 25 posts since
Feb 5, 2008
8. Re: S-corp two partner consulting business Feb 13, 2008 12:15 PM
in response to: LUCKIEST
Hi Luckiest,
I have got that part of listening to my accountant :) Thanks

If you observe one other posts in my pervious question you will notice that there is a strong recommendation of being careful about accountant's suggestion. My goal is definitely to have the corporation to have more credibility and tax benefits but apart from that I would like to know if there are any other implications (legally, etc. ) It is also my own accountant's suggestion to verify this information and finally if really required go for a legal,etc. consultation

Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
9. Re: S-corp two partner consulting business Feb 14, 2008 12:59 AM
in response to: ndp125
ndp125 -

1. I tend to agree with your philosophy -- if it's my money and reputation on the line and I don't know the answer for sure, I want as much intelligent input as I can get. My accountant may be one source, but (no offense to Luckiest) I'm paying my accountant to know accounting -- not to know all the other elements of my businesses that might factor in to a good management decision (and I dare say my accountant would agree, especially this time of year!).

2. A good starting place for authoritative resources for your state is the Massachusetts Secretary of State's Corporations Division. It is a painfully slow website, but the official stuff is there:

http://www.sec.state.ma.us/COR/coridx.htm

3. You have to give the IRS, the state, your bank, and most creditors a physical address when you file paperwork (so they have a place for service of process) -- but it is perfectly acceptable to use a PO Box as a business mailing address for everything else. It's not only "safer," it's also more secure (for you and your customers), and it can often be more efficient, too.
Click to view dublincpa's profile Mogul dublincpa 165 posts since
Jan 29, 2008
10. Re: S-corp two partner consulting business Feb 15, 2008 8:00 AM
in response to: Lighthouse24
I am with Lighthouse24. No accountant is perfect regardless of what/how many letters follow their name. You should understand as much as possible about any decision, especially big ones that can have consequences for years to come. As professionals, we have all seen where the prior guy/gal gave bad, incomplete or inapproriate advice. We don't want to be that guy/gal. We have also seen plenty of clients who thought they knew better and ignored their accountants.

You have to know for what knowledge base you are paying any professional. Make sure that you are comfortable with the areas for which you rely on him/her. If thre is an area about which you are not so confident about his/her judgement or knowledge, get a referral for a second opion. I give these out half a dozen times a year. I also get these calls regularly. Most professionals have relationships with others who will discuss the situation for a reasonable fee or none at all. There are plenty of areas in which I will refer/defer to others that I know because they are more knowledgeable. There are areas where I know that I am the "top authority" within my little network and everyone I know will back me up without hearing the question. Those are harder to overcome doubt, but when three people tell you that better advice in an area would be hard to come by you tend to believe.

Trust is critical, but it doesn't have to be absolute.

You may want to consider a Private Mailbox like UPS Store formerly Mailboxes Etc. They will receive packages, cert mail and service of process. I have changed offices a few times in the six years I have been open and it really makes life easy. I also use it for my clients for whom I serve as Registered Agent.

Good luck.
Click to view 2go2Marketing's profile Mogul 2go2Marketing 24 posts since
Feb 15, 2008
11. Re: Very Important Message Feb 17, 2008 2:08 AM
in response to: ellisdavid
This is called a Scam. Essentially you want someone to to be the Point of Contact for the corporation so whe the authorities go after the corporation, that person will be the one arrested. In the native English tongue we use the word "Fraud" for this. Anyone familiar with business law, please inteject at anytime....

I the best case scenario, you want to scam legitimate business owners of there money.

I would cease posting information is regards to your intentions.

Regards,

Brandon

2 go 2 Marketing
http://www.2go2mrketing.com
Click to view grantsforce's profile Mogul grantsforce 64 posts since
Feb 17, 2008
12. Re: S-corp two partner consulting business Feb 17, 2008 9:28 AM
I may me late to reply on this forum - but I was in the same position 3 years ago as you (ndp125) seem to be now. I did set up an S-corp as did several of my associates that are in the consulting business.
I do have another area of interest I am persuing. For this I setup a 'C' corp (because of the vision / goals of that new business). These were steps that I now (after 3 years) feel were correct. If you wish to discuss and need help please feel free to contact me. I will be glad to share my experiences.