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Is it better to file as S-corp or partnership if my husband and I are the only 2 officers in LLC? Also, we just took draws last year.?

Update:

Am I better off setting us up as paid employees and withholding taxes starting now for next year's taxes?

7 Answers

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  • 3 years ago
    Favorite Answer

    There is a standard answer to all questions like this: It depends. Draws are irrelevant. What you draw just affects your basis in your capital account. The actual profit is what gets taxed. As an officer of an S-Corp you have to pay yourself a reasonable salary which could be more or less than the profit. As a partner you get your share of the profit.

  • ?
    Lv 7
    3 years ago

    you are talking apples and oranges, ie according to IRS it is either a sole proprietor, a partnership, a corporation(C or S--and an S is akin to a partnership)

    the LLC is a state designation and if you were a partnership it should be registerd as an LLP

    the state will require you to pay yourself some income as an LLC, if you took draws it is possible the business made no money and you have taken money from your capital account, not profits

  • ?
    Lv 7
    3 years ago

    There are 3 possibilities.

    You set up LLC, but did not elect to be taxed as an S-corp. If you live in a community property state, you can elect to be Qualified Joint Venture and file 2 schedule Cs. If you do NOT live in a community property state, you must file a partnership form.

    You set up an LLC and elected to be taxed as an S- corp (form 2555), you must file form 1120S.

    You did not set up an LLC at all, this could be a partnership or 2 schedule Cs.

  • 3 years ago

    By default, multi-member LLCs file as partnerships.

    S-corps are more complicated at would require that both of you be on payroll and not just take draws.

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  • Judy
    Lv 7
    3 years ago

    If you didn't elect for your LLC to be taxed as an S corp you can't just file that way. In most cases, wouldn't help you anyway.

  • Anonymous
    3 years ago

    Yes husband is the best friend for wife.

  • 3 years ago

    ok

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