FAQs

What are the downsides of using an S Corporation?

First, please take a look at this FAQ. Once you understand why you may want to use a C Corporation, you’ll understand several of the reasons that an S Corporation may not work for you. Next, other downsides include not being able to have more than 100 shareholders, and not being able to have non-individual [...]

August 9th, 2020|0 Comments

Does California collect a tax from California S Corporations, in addition to the $800 minimum tax?

Surprise! The minimum annual $800 each corporation (and LLC) is required to pay to the California Franchise Tax Board (the FTB) is only a minimum, not a flat tax. S corporations in California (strictly speaking, every S corporation that has California source income) are required to remit 1.5% of their income to the FTB annually. The [...]

December 14th, 2022|0 Comments

How can I get my LLC to be taxed as a partnership?

Whew! A good question with a simple answer. When an LLC is formed with two or more members, it’s automatically taxed as a partnership. That’s it!

April 8th, 2020|0 Comments

Can partners in a partnership get a W-2 and be “treated like an employee” like they can in an S Corporation?

Short answer: No. Long answer. When you turn one of your employees into a partner, that individual will switch from receiving a W-2 to getting a Schedule K-1. If you want your “partners” to be treated like an employee, then an S Corporation is the preferred approach (after you’ve determined that a C Corporation is [...]

August 9th, 2020|0 Comments

Is my business big enough to justify the additional overhead of a corporation or LLC?

“Big” is a relative term. Size isn’t always the only, or even a significant, element to determining whether you should entity-ize your business. If you run a small business, but it’s a high-risk business, like, for example, a liquor store, then an LLC or corporation is probably a good idea, regardless of your revenue.

July 12th, 2015|0 Comments

What are the advantages of a C Corporation versus a sole proprietorship?

Short question . . . long answer. For the most part, the classic answer, which is also correct, is a C Corporation (or an S Corporation) provides limited liability for its owners and management. An S Corporation could provide additional tax benefits. On a less obvious level, having your business in a corporation may provide it with more “respect” in the business community, and may fend off nuisance suits.

July 12th, 2015|0 Comments

What are the advantages of operating my business through an S Corporation?

Top three reasons: Tax. Tax. Tax. Which is why they were created to begin with back in the day (1958), to encourage small business creation in the U.S. An S Corporation has a “single layer” of tax, i.e., unlike C Corporations (which is what all corporations formed in the United States are unless they make [...]

September 2nd, 2020|0 Comments

How do I establish a sole proprietorship?

Establishing a sole proprietorship isn’t complicated since there are no filings to establish a sole prop business. Lots of folks just open their doors and do business, and that’s it. There are other tasks that need to be performed, like getting a business license and (sometimes) filing/publishing a fictitious business name statement if you’re going [...]

September 2nd, 2020|0 Comments

When should I use a C Corporation for my business?

It’s complicated. With a (currently) flat tax rate of 21%, many businesses are considering being a C Corporation. You may want to favor/explore being a C Corporation in these circumstances: You’re exploring providing your employees with fringe benefits; you’re planning on having your business retain its earnings for future growth; you’re considering venture capital; you [...]

August 9th, 2020|0 Comments

Why choose to operate my business through an LLC instead of an S Corporation?

If you want your business life to be simpler, LLCs are the way to go. Unlike a corporation (S Corporations and C Corporations are all corporations, right? Right!), LLCs in California don’t have a requirement to hold meetings or keep annual minutes, unless they agree to do so. LLCs are also automatically taxed as a [...]

September 2nd, 2020|0 Comments