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Old 03-20-2008, 11:25 PM   #1 (permalink)
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Question Tax Strategies

This question is directed to you tax strategists and seasoned entrepreneurs. First, let me explain my situation.

I currently have ownership in multiple LLCs and one general partnership. Income flows from these entities directly to me, at which point I pay income tax and self-employment tax. I've read several books on tax strategies and such. Equipped with this knowledge, I want to maximize my tax savings and minimize my liability.

My best option, as I see it, would be to incorporate a holding company, elect to be taxed as an S-corp, switch my general partnership to an LLC, and put the new LLC along with my other LLCs underneath the holding company.

ALL income would flow through to the holding company. The holding company will pay me a salary up to $50,000/year for managing these assets and pass the rest of the income to me as a distribution. The tax savings are realized in these ways (a) paying myself a salary is a write-off for the holding company, as is a portion of the FICA taxes they match for me, so I only pay income tax and my portion of the FICA taxes. (b) the distributions are not subject to self-employment tax and will be taxed at my income tax bracket which will be low initially. (c) I will be able to write a lot more things off that LLCs cannot write off.

When my companies are creating enough wealth for the holding company to take advantage of the C-corp tax classification, my holding company will switch to C-corp tax election status permanently. The distributions will turn into dividends that will be taxed at the portfolio income tax levels (substantially lower than what the distributions are taxed at now) and I will be able to write a LOT more expenses off. I will also be able to keep money within the holding company for investment purposes and only pay taxes at the corporate level, avoiding double taxation.

My question is: Does this sound like the best strategy? If not, what would you suggest?

Please, no "You should talk to a CPA or tax attorney" answers. If you don't have an educated answer, please don't make a post. If I wanted a CPA or tax attorney's answer, I would have asked one. Their answer will come soon enough when I hire them to enact all of this for me.

I want your answer. Thanks in advance! Please excuse the sloppy wording and terrible flowing of thought throughout this post, I'm half awake but too anxious to wait 'till the morning.
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Old 03-21-2008, 07:56 AM   #2 (permalink)
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Old 03-21-2008, 08:54 AM   #3 (permalink)
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I'm not a CPA or tax strategist, but my dad was a CPA and has been selling tax law material for more than 3 decades. Needless to say, I've received quite a few tax books over the years (one of my favorite types of gifts).

From what I've read, I'm not sure of the differences your speaking of between LLCs, S-Corps, and C-Corps in regards to tax deductible expenses. Operating any business, whether as a sole proprietor or any legal entity established under law, provides you the ability to follow the deduction laws established in the Tax Code.

I have to re-read the rest of your post before I comment on it, though. I'll have to do this later as I need to get back to testing our latest software. I'll try to do it by lunch.

Glad to see someone else that looks this deep into the tax code!!!
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Old 03-21-2008, 10:01 AM   #4 (permalink)
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I appreciate your time and look forward to your response. There are tax deductions that ONLY C-corps can take, such as tax-free (fringe) benefits. Things like medical reimbursement plans, disability insurance, education reimbursement plans, etc. There are a LOT more of them. The catch is, you have to make these plans and benefits available to ALL of your employees. Fortunately, I will be the only employee of the holding company. The LLCs will have their own limited benefit plans for my employees (such as health insurance).
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Old 03-21-2008, 11:32 AM   #5 (permalink)
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"(c) I will be able to write a lot more things off that LLCs cannot write off."

How do you figure?
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Old 03-21-2008, 12:41 PM   #6 (permalink)
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Quote:
Originally Posted by jmenq2 View Post
"(c) I will be able to write a lot more things off that LLCs cannot write off."

How do you figure?
Refer to my earlier post:

Quote:
Originally Posted by dropbox247
"There are tax deductions that ONLY C-corps can take, such as tax-free (fringe) benefits. Things like medical reimbursement plans, disability insurance, education reimbursement plans, etc."
No other business entity can write these 100% off.
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Old 03-21-2008, 01:03 PM   #7 (permalink)
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Quote:
Originally Posted by dropbox247 View Post
Refer to my earlier post:



No other business entity can write these 100% off.
Do you mind citing the source of your information? I was unaware of this, so I would like to read more about it. Thank you.
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Old 03-21-2008, 01:26 PM   #8 (permalink)
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Quote:
Originally Posted by jmenq2 View Post
Do you mind citing the source of your information? I was unaware of this, so I would like to read more about it. Thank you.
Next time you are at a bookstore, look up Loopholes of the Rich: How the Rich Legally Make More Money & Pay Less Tax by Diane Kennedy, CPA & tax strategist. Its a national bestseller on the subject. There is a LOT of great information in that book. If I had to cite my statement, that would be it.

I've had a very hard time researching online about this. The rich don't like sharing their secrets and high level CPA's don't like giving advanced tax information out for free. So, I finally broke down and bought some books and started reading summaries of the tax code.
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Old 03-24-2008, 12:42 AM   #9 (permalink)
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Smile Hi im the FNG

anyways im looking to go into business and have a hold on a name im using for an LLC . Now I wasn't looking forward to this part of a new business venture and thats having to deal with taxes. Really I know nothing when it comes to taxes and how much I have to pay and how much I can keep and how do I get around that so these post are kind of opening my eyes a lil bit and making me realize that I have to do a little reading. thanks guys
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Old 03-24-2008, 08:34 AM   #10 (permalink)
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I have an LLC, holding company, it is not a partnership. I was doing some research and discovered there is some way you can apply to make all income of the LLC passive, thus it would pass straight to me w/o having to pay an FICA, Basically it is an LLC that pays taxes as a sole proprietorship. I really dont want to pay witholding b/c its basically throwing money away. I am asking my accountant how all this works, so hopefully its as good as it sounds.
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Old 03-24-2008, 08:49 AM   #11 (permalink)
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That sounds interesting, but a sole proprietorship pays self-employment tax and income tax. However, you can elect to have your LLC taxed as an s-corp, allowing only part of the income to be taxed at the FICA level and the rest pass to you as a distribution only subject to income tax. I don't think the distribution is considered passive income though, unfortunately, so it would be subject to the earned income tax and not the passive income tax.
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