Correct, compared to C-Corps. Is there and advantage of LLC versus S-Corp?
-RickG

On Wed, Jun 3, 2009 at 5:36 PM, Scottie Arnett <[email protected]> wrote:
> S-Corps get rid of the double taxation...but you are limited to how many 
> shareholders you can have and some other limited things.
>
> Scottie
>
> ---------- Original Message ----------------------------------
> From: "Marlon K. Schafer" <[email protected]>
> Reply-To: WISPA General List <[email protected]>
> Date:  Wed, 3 Jun 2009 08:23:37 -0700
>
>>Melissa does work at an accounting firm.....  She's not the CPA but she does
>>most of the paperwork etc.  And, naturally we work very closely with the
>>CPAs at the firm.
>>
>>We've looked at the money differences between sole proprietor and corp.
>>There really isn't much difference if you stay honest with things.  At least
>>not at the low levels we're at.
>>
>>When we start making more money (in the next couple of years as things are
>>sitting now) we'll likely be better off as a corp.  Because the current
>>business doesn't actually own anything we'll be able to easily set things up
>>so that the corp rents things from us.  The office, vehicles etc.  In that
>>way we can personally take some of the income while the corp writes it off.
>>
>>The way you juggle things to keep taxes down is to work the tax brackets.
>>Right now we're able to stay in a pretty low one.  But I'm running out of
>>places and ways to expand so that's going to change.  We'll pay less taxes
>>when we have two smaller entities in smaller brackets.  At least that's the
>>way I understand it now....
>>
>>One of the really great things about a sole proprietorship is asset
>>management.  We can take old computers home all day and it's no big deal.
>>Just move it.  If it's something owned by the corp we have to somehow
>>transfer that product.  More paperwork etc.
>>
>>Another thing a person has to be very careful with is who owns what.  Mom
>>and Dad own a large farm.  Thousands and thousands of acres, mostly
>>irrigated.  Back when their corp got formed all of the assets were put into
>>the corp.  Now that they want to sell the farm they have to somehow make
>>nearly twice as much because they'll be double taxed at the time of the
>>sale.  There will be income tax at the corp level AND capital gains at the
>>personal level.  Or some such similar mess.  Basically when they sell 50% or
>>so will to go taxes.  Unless they can sell the corp it's self which is
>>something no one wants to buy.  People only want the assets, otherwise they
>>end up with the same long term tax mess.  It's also nearly impossible to
>>gift enough assets back to themselves or their kids to make a difference.
>>
>>Both sole owner and corp have their places.  The choices are not REALLY as
>>simple as some people try to make them out.  And how they get structured
>>over the long run is very important yet almost no one ever goes to a lawyer
>>that specializes in such things for advice on the best type of corp to form
>>and how to run it from day one.  Many things get done just because that's
>>they way it is, even if there is a better way......  I still look at my
>>avoidance of routing cpe.  The reasons I liked bridging cpe have proven to
>>be very true (radios are inflexible crappy routers) but the benefits have
>>been wonderful anyway.  It's something I wish I'd have listened to others on
>>years and years ago.  Human nature I guess.  I am listening to the experts
>>on tax matters though.  grin
>>
>>marlon
>>
>>----- Original Message -----
>>From: "George Rogato" <[email protected]>
>>To: "WISPA General List" <[email protected]>
>>Sent: Wednesday, June 03, 2009 2:38 AM
>>Subject: Re: [WISPA] Legal Entity - which type? Was: Quesiton on Funding
>>/Financing / Capital Availability
>>
>>
>>> Unless you actually make a decent salary.
>>> When your a sole proprietor you have to pay the self employment tax.
>>> Self employment tax is matching social security payments.
>>> You pay both the individual ss tax and as well as the employers
>>> contribution which comes to about double.
>>>
>>> If you were incorporated and you were an employee, which you would be,
>>> you could collect half your pay in salary and the other half in
>>> dividends, or 1/4 in salary and 3/4 in dividends (which yields a deeper
>>> tax break)
>>>
>>> Dividends are not subject to the 2nd half of the contributing tax or the
>>> self employment tax, never mind workers comp, state unemployment, etc.
>>>
>>> For those that rant and rave against the big bad government and their
>>> unreasonable taxes (count me in), then it's foolish to voluntarily pay
>>> what is not required of you.
>>>
>>> But to all those that do go ahead and pay the extra not required ss tax,
>>> My family and all the rest of those who will someday collect ss in our
>>> golden years thank you for being so generous as paying this extra
>>> voluntary tax to help insure the solvency of ss so it will be there when
>>> we retire as well as give the government even more money to borrow
>>> against so they can spend even more tax dollars that really aren't there.
>>>
>>> Also, if you have a good cpa, they tell you this stuff when they do your
>>> income taxes.
>>>
>>> a cpa is not a tax preparer or a book keeper.
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> RickG wrote:
>>>> Makes sense to me...thanks! -RickG
>>>>
>>>> On Tue, Jun 2, 2009 at 11:32 PM, Marlon K. Schafer <[email protected]>
>>>> wrote:
>>>>> Let me get my accountant wife to answer that one.  Here's Melissa....
>>>>>
>>>>> Well, for us it's not yet in our best interest to incorporate.
>>>>> Sometimes
>>>>> the reason for incorporating is to help insulate the individual from a
>>>>> lawsuit - but usually if the corp is sued, they also sue the owner of
>>>>> the
>>>>> corp.  I agree with you about the S-Corp - the income from an S-Corp is
>>>>> picked up on your personal return so there aren't usually as many
>>>>> advantages
>>>>> when doing tax planning.  We have not incorporated because the cost of
>>>>> being
>>>>> a corp (accounting, legal, another set of books, more time on Melissa's
>>>>> part
>>>>> to work on the books...) is greater to us right now than the benefits.
>>>>> I
>>>>> see it as something that we will probably need to do in the future as
>>>>> our
>>>>> income increases and we need to do more tax planning.  Hope that
>>>>> helps.....
>>>>> Melissa
>>>>>
>>>>> There ya have it!
>>>>> marlon
>>>>>
>>>>> ----- Original Message -----
>>>>> From: "RickG" <[email protected]>
>>>>> To: "WISPA General List" <[email protected]>
>>>>> Sent: Monday, May 25, 2009 12:02 PM
>>>>> Subject: [WISPA] Legal Entity - which type? Was: Quesiton on Funding
>>>>> /Financing / Capital Availability
>>>>>
>>>>>
>>>>> Ha! Another interesting topic! In the past, when doing business for
>>>>> myself, I legally filed as a sole-proprietor. When I got into the WISP
>>>>> business, for a multitude of reasons, I became an "S-Corp". After
>>>>> filing my taxes, it seems to be much simpler and possibly more
>>>>> advantageous to just be a sole-proprietor. But that goes against all
>>>>> advise I receive.
>>>>> Marlon, I'm actually surprised that you are a sole-proprietor. What
>>>>> benefits have you found by remaining so?
>>>>> -RickG
>>>>>
>>>>> On Mon, May 25, 2009 at 11:54 AM, Marlon K. Schafer
>>>>> <[email protected]> wrote:
>>>>>> One more thing. I don't agree with your definitions per se'.
>>>>>>
>>>>>> We all have businesses. A proprietorship is a TYPE of business. We are
>>>>>> a
>>>>>> proprietorship because I'm not incorporated (incorporating is over
>>>>>> rated
>>>>>> and
>>>>>> expensive to do right). I'm still a business though....
>>>>>>
>>>>>> http://en.wikipedia.org/wiki/Business
>>>>>>
>>>>>> http://en.wikipedia.org/wiki/Sole_proprietorship
>>>>>>
>>>>>> http://en.wikipedia.org/wiki/Asset
>>>>>>
>>>>>> marlon
>>>>>>
>>>>>> ----- Original Message -----
>>>>>> From: "Charles Wu" <[email protected]>
>>>>>> To: "WISPA General List" <[email protected]>
>>>>>> Sent: Sunday, May 24, 2009 10:03 PM
>>>>>> Subject: Re: [WISPA] Quesiton on Funding / Financing / Capital
>>>>>> Availability
>>>>>>
>>>>>>
>>>>>>> Hi Marlon,
>>>>>>>
>>>>>>> I think it's appropriate to make a few definitions and distinctions on
>>>>>>> things so everyone is on the same page
>>>>>>>
>>>>>>> Specifically, for purposes of making my point, I define
>>>>>>>
>>>>>>> Proprietorship: A commercial activity engaged in as a means of
>>>>>>> livelihood
>>>>>>> or profit
>>>>>>>
>>>>>>> Business: A unique system of processes and procedures that documents
>>>>>>> and
>>>>>>> codifies a specific method of proprietorship
>>>>>>>
>>>>>>> Asset: cash, inventory, equipment, infrastructure, customer contracts,
>>>>>>> brand, marketing, etc
>>>>>>>
>>>>>>>> Grin. Sure it is. That's what a LOT of small business people do. It's
>>>>>>>> also kind of common for doctors, dentists, plumbers etc.... Sometimes
>>>>>>>> it
>>>>>>>> sucks,
>>>>>>> Now, everything you stated above is just a method of proprietorship,
>>>>>>> and
>>>>>>> in most cases, from a sale perspective, a proprietorships isn't worth
>>>>>>> anything more than the depreciated value of its assets
>>>>>>>
>>>>>>> Say you were buying out the local plumber's office -- what would he
>>>>>>> have
>>>>>>> of value? His truck? Some old tools? A customer list / brand perhaps
>>>>>>> (but the reality of things is that customers do business with him
>>>>>>> because
>>>>>>> of him, and if you bought him out and he moved out of town, those
>>>>>>> customers would probably go back to being on the open market)
>>>>>>>
>>>>>>> Now, in comparing the WISP 'proprietorship' vs. the plumber, it's
>>>>>>> worth
>>>>>>> noting that the WISP is somewhat unique in that it results in the
>>>>>>> creation
>>>>>>> of an independent asset that holds onto a lot of value (e.g., the
>>>>>>> recurring revenue and everything that goes to support it); in many
>>>>>>> ways,
>>>>>>> this is akin to real-estate
>>>>>>>
>>>>>>>> Not
>>>>>>>> everyone out there even wants to get that big (if I had a nickle for
>>>>>>>> every
>>>>>>>> business owner that's told me the most fun they had and the most
>>>>>>>> money
>>>>>>>> they
>>>>>>>> made was when it was just them, no employees......) But then again,
>>>>>>>> that's
>>>>>>>> one of the really cool things about this buisness, it's big enough
>>>>>>>> and
>>>>>>>> flexible enough to allow many different business models and operator
>>>>>>>> dreams
>>>>>>>> to bear fuit!
>>>>>>> True...and you have the added benefit of building an asset that has
>>>>>>> value
>>>>>>> (be happy we're not plumbers =)
>>>>>>>
>>>>>>> -Charles
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
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