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Forming a business entity
Message
From
24/02/2012 12:51:24
James Blackburn
Qualty Design Systems, Inc.
Kuna, Idaho, United States
 
General information
Forum:
Business
Category:
Contracts & agreements
Miscellaneous
Thread ID:
01536362
Message ID:
01536463
Views:
66
>>There really isn't anything complicated about filing a LLC (make sure you know what the rules are in Iowa) other than filling out the state paperwork and paying the filing fees. If you have more than one partner then you need to get a partnership agreement and that is where the complexity (lawyers get big bucks) is. It is really important to keep all your personal finances separate from the LLC or a lawsuit will say the LLC was not valid and then you are personally liable anyway. Get a checking account for the LLC. Make sure that you never pay personal expenses from the LLC bank account and never pay LLC bills from your personal account. If you need to draw some money from the LLC account then just write yourself a check. NEVER take more funds from the LLC than you have profits. And last, get ready for lots of paperwork.
>>
>>The other consideration is how taxes are handled. By default a LLC is handled like a partnership and all profits flow to the partners and the partners are subject to both income tax and self employment (SS) tax. There is an election that can be filed with IRS that will allow a LLC to be treated like a S corporation. That will eliminate the self employment tax but it means that the LLC has to pay wages which creates a bunch more complications.
>>
>
>I am just curious. You said LLC has to pay wages; how else do they get paid? I have been running S corporation for 20+ years. And I pay myself wage/salary. How would it be done differently with LLC? Thank you.

LLC that has not made the S corp election just pays the partners profits as a true partnership and the partners file taxes like a sole proprietorship subject to self employment taxes.
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