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Updated almost 9 years ago on . Most recent reply
business type
Alternative to the LLC with scorp election
I see 3 downsides to running with the LLC with scorp election.
1 Separate tax return for each LLC and yourself.
2 Unemployment tax on your income- although limited to $8,500
3 Ambiguity on what a reasonable salary is for a house flipper.
For number 3, allow me to expand on my confusion. I expect to make 250k this year flipping houses. If I look up a construction foreman in my area the salary is around $45k. I find this to be too low for a salary and the IRS will probably agree. If I look beyond the construction tasks and attempt to add in other work related items I get lost. Very hard to find comparable salaries.
I was suggest to use an alternative approach involving 2 LLCs.
LLC 1 would buy/sell houses.
LLC2 would run payroll, have employees and charge LLC 1 an hourly rate for worked performed. Lets say for $50/hour per man.
LLC1would pay ordinary income on its profit.
LLC2 would pay ordinary income and self employment tax on its profit.
Benefits to the second approach.
1. A clear way to calculate/determine what your self employment tax base is.
2. A single tax return.
3. No unemployment tax paid on my active income.
4. Easier to have multiple LLCs for asset protection, based on benefit 2 above.
5. In general I would expect less self employment taxes paid out.
Thoughts/issues/things missed
Thanks.