Income tax question: Self-employment taxes?

Income tax question: Self-employment taxes?

Investor · Austin, TX · Member since 2015 · 20 posts · 3 votes

I would really appreciate any opinions on a new business venture.  I think it's fairly straight forward as these things go, but it's new territory for me and I want to know the tax implications before taking the plunge.

Situation: I am considering forming a 2-member LLC with a colleague. Our LLC would enter into a JV agreement with a flipper and we would be funding his project in return for a share of the profit. If it's pertinent, I have a W-2 job that will remain my primary source of income.

Question: When I file my tax return (pass through to my personal taxes), will the profit from this LLC be taxed as regular earned income, and thus be subject to self-employment taxes? I know that flippers themselves generally need to pay SE taxes but I'm not sure how the government will see my role in something like this, when my LLC is only doing the funding and not the work. It feels more like an investment to me, although I know it won't qualify for capital gains tax since the time period will be less than a year.

Any input is really appreciated (my CPA is in the weeds this week!).

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  • CPA · Raleigh, NC · Member since 2013 · 1k+ posts · 2k+ votes
    10y

    @Christopher Throop If you are only providing the funds and not partaking in the work, you will not incur SE taxes. Also, keep in mind that since you have a W2 job, and if your salary is close to $118,500, even if you do incur SE taxes it will be minimal. 

    If your CPA is unfamiliar with this structure, suggest finding one that can advise on the business level.

  • Investor · Austin, TX · Member since 2015 · 20 posts · 3 votes
    10y

    @Brandon Hall  Thank you!  Needless to say, that is what I was hoping to hear. 

    I forgot to mention that I don't pay into Social Security at my job, so the $118,500 ceiling is a long way off.  

    My CPA has always given me accurate information, as far as I can tell.  I'll check with him next week, after the tax deadline passes.

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