Talk to your acounts and find out about the legal end plenty of information on the internet but an attorney in your state will be best. Remember any type of corp. has good and bad, each business has different reasons. If your have to change later for any reason I understand it is a lot of hassel. Most of the time it is to protect your personal stuff just make sure it fits your own needs. Hope this helps. Jon
Thanks for your quick response, i'm just worried that I'll be taxed heavily if i dont switch to an S-Corp
Assuming you don't take a salary when you have losses, the main difference is when you make money.
All profits of an LLC (Sole Prop or Partnership) are subject to self employment tax, 15.3% of the first $106,800 and 2.9% of anything over that.
An S Corp is required to pay reasonable compensation to its shareholder/officer/employees. That reasonable compensation is typically W-2 FICA taxable wages in the same rates and amounts as SE income above. However, health benefits count toward reasonable comp, but are not FICA taxable.
Health and retirement contributions are not FICA taxed on S Corp principals, but they are SE taxed on Sole Props and Partners.
My vote is usually to stay an LLC.
- There are virually no ownership restrictions; number, entity, status.
- You can issue converible debt if you have a potential investor.
- Partners can agree on how everything will be split; profits, capital, distributions etc. S Corp shareholder MUST do everything according to % ownership. You can still achieve virtually identical results. You just have to jump through more hoops.
- S Corp distributions don't count for retirement contribution calculations currently. Depending on the size/profitablility of the company, this can be significant.
- Having a strong wage/SE Income history can allow you to set up a very beneficial retirement plan if/when you sell the business. (way to detailed to get into here)
I don't know the specifics of your situation. This is not advice. It is general information.
Feel free to contact me for any more specifics.
When looking to form an s-corporation, there are dozens of filing services. There's a website here that you can go to compare prices and packages between the different s-corp online filing services:
Hey there, i just formed LLC, but didnt do the publication yet, only filled out the form as a single member. I want to switch to S-Corp. Do you think it is possible? If yes what should i do just wait for 4 months to dissolve itself then form S-Corp or can i just do that now? By the way the reason wwhy i want to form S-Corp is that because of the publication fee for LLC which is around $700-900 in Brooklyn. I am ok with prep of files for S-Corp annualy. And the company is not gonna make money for the first year or so. Is the annual fees for S-Corp a lot?
I don't know what state you're in, so I'm just going to give you a California look! There are some differences between an S corp and an LLC, a big one being that an LLC is treated as a partnership and it is possible for another entity, like a C corp or a trust, is one of the partners. In California you pay the same $800 either way. An S corp will have state annual and quarterly filing requirements to have to meet.