Business Formation
The most frequently asked tax questions related to Business Formation
Are there citizen requirements for LLC's?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
No. There are no citizen requirements for LLC's, Limited partnerships, Sole Proprietorships or S Corporations. There are citizen requirements for S Corporations.
Sole Proprietorship - Schedule C
What are some advantages and disadvantages of selecting to be a Sole Proprietor compared to other entities?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
Some advantages are: it has minimum legal restrictions; and is easy to discontinue. Some disadvantages are: unlimited liability; your income tax cannot be deferred by retaining profits; and you may not bring in new owners or outside capital contributions. Speak to your local CPA to determine the best entity choice for your needs.
Advantages and disadvantages - S Corporation compared to other entities
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
Some advantages are: there is limited liability; and the entity avoids double taxation of profits as is the case with C Corporations.
The profits that are passed through to the shareholders are not subject to SE tax as in a partnership.
Some disadvantages are: that the shareholders pay tax on earnings even if they are undistributed; the contributions limits to a qualified retirement plan are based on shareholder/employee wages, not the overall profits as with a Sole Proprietorship.
The profits that are passed through to the shareholders are not subject to SE tax as in a partnership.
Some disadvantages are: that the shareholders pay tax on earnings even if they are undistributed; the contributions limits to a qualified retirement plan are based on shareholder/employee wages, not the overall profits as with a Sole Proprietorship.
What are some advantages and disadvantages of selecting to be a Partnership compared to other entities?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
An advantage is that it is a way to combine the financial abilities and skills of several different people. Some disadvantages are that the general partners are liable for the actions of the other partners and a partnership is not that easy to get out of. Speak to your local CPA about selecting the best entity for your purposes.
What are some advantages and disadvantages of selecting to be a (LLC) Limited Liability Company compared to other entities?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
Some advantages are that it avoids certain S corporation restrictions. It also avoids double taxation of profits.
Some disadvantages are that it is currently considered a relatively new business entity with little case law or regulatory law currently available.
There is inconsistent treatment from state to state. The entity must have at least 2 owners.
Speak to your local CPA about determining the best entity choice to fit your needs
Some disadvantages are that it is currently considered a relatively new business entity with little case law or regulatory law currently available.
There is inconsistent treatment from state to state. The entity must have at least 2 owners.
Speak to your local CPA about determining the best entity choice to fit your needs
Should I make a S Corporation election?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
Simply stated, a 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 if 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.
What is a LLC?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
A limited liability company, like a corporation, is set up and created under state law. Its owners are referred to as members. The entity gives its members the best of both worlds - Corporate liability protection with the advantages of partnership taxation. Forming a limited liability company is more expensive than forming a corporation and may not be necessary for your situation. Speak to your local CPA in detail to determine if forming or changing your entity status to a limited liability company is the correct choice for you.
Sole Proprietorship - Schedule C
Taxi - standard mileage rate deduction
Asked Monday, November 28, 2011 by an anonymous userCPA Answer:
Yes. As of 12/31/10 the ban on using the standard mileage rate on auto's used for hire such as a taxi was lifted. ,br> The standard mileage allowance for business use of a auto (including taxi's) in 2013 is 56.5 cents per mile for business miles driven.
Sole Proprietorship - Schedule C
Auto lease payments
Asked Monday, November 28, 2011 by an anonymous userCPA Answer:
Yes. If you use a car entirely for business the cost of leasing is deductible. You cannot depreciate a car you lease. You can choose to deduct the standard mileage rate in lieu of actual expenses including lease payments.