Business Formation

Incorporation can provide many benefits. The most important factor is that incorporation can help limit your personal liability as a business owner. Generally, creditors of your corporation must satisfy their claims by seizing the assets of the corporation rather than your personal assets. In contrast to a sole proprietor or partner in a partnership, you are financially responsible for all liabilities of the business, and your personal assets are subject to seizure or lien by creditors. Other benefits of incorporation can include greater tax deductions for health insurance and medical expenses, lower payments for social security tax and medicare tax, and greater opportunity to raise capital for the business through the issuance of stock.

Generally your freelance job will issue you 1099-MISC slips for earnings more than $600.
The gross amount of your freelance jobs should be reported on IRS Schedule C along with the corresponding expenses. The net amount of this business income is subject to Federal tax and Social security taxes.
The federal tax will be calculated on the tax bracket you fall into Also, the net amount of your business multiplied at .9235 multiplied at .133 will equal your social security tax.
If wages exist the social security tax may be reduced.
This calculation is done on IRS Schedule SE.
The net business income will be subject to state tax depending on your state.
Speak to your local CPA about the tax consequences of your freelance job(s).

A partnership that pays premiums for health insurance for its partners has a choice. It may treat the premium as a reduction in distributions to its partners or deduct the premium as an expense and charge each partner's share as a guaranteed salary payment taxable to the partner. The partner reports the guaranteed payment as non-passive income on Schedule E and 100% of the premium as an adjustment on Form 1040 line 29.

Simply stated, an S Corporation is taxed in the same manner as a partnership and is not taxed at the federal level. The income or losses and expenses flow through to the shareholders. A "C" Corporation pays tax on its profits and when the owner shareholders take profits from the corporation, the distributions take the form of taxable dividends. In effect, this is a double taxation of profits. There are advantages and disadvantages to both S Corporations and Regular C Corporations. Speak to your local CPA about the tax strategies of selecting the type of entity for your business.

Guaranteed salary that is fixed without regard to partnership income is taxable as ordinary wages and not as partnership earnings. As a General partner the guaranteed salary and net partnership income is subject to self-employment tax. Limited partners do not pay self-employment taxes unless guaranteed payments are received.

You may be treated as actively participating if for example you participate in making management decisions or arrange for others to provide services. Examples of management decisions are, approving new tenants, deciding on rental terms, approving capital or repair expenditures and other similar decisions.

Generally not. Interest income is defined as portfolio income, not passive income. Portfolio income includes interest, dividends, and gains on the sale of investment property. Passive K-1 losses can only be used to offset other passive income, except when the $25,000 special loss allowance for persons with active participation in rental real estate entities can be utilized.

Sporting event tickets are considered an entertainment expenses, if you accompany them. The deduction for a business gift is limited to $25 per person per year. Generally, the amount allowable as a deduction for meals and entertainment expenses is limited to 50% of such expenses.

In an S corporation, only the salary paid to the employee-owner is subject to employment tax.
The remaining income that is paid as a distribution is not subject to employment tax under IRS rules. Therefore, there is the potential to realize substantial employment tax savings.
A major factor that differentiates an S corporation from an LLC is the employment tax that is paid on earnings.
The owner of an LLC is considered to be self-employed and, as such, must pay a “self-employment tax” of 12.3% which goes toward social security and Medicare. The entire net income of the business is also subject to self-employment tax.