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Updated over 7 years ago on . Most recent reply

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Vince Le
  • Downey, CA
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When Should I Create an S-Corporation as a Realtor?

Vince Le
  • Downey, CA
Posted

Hello BiggerPockets,

I am a Realtor in California.  I am about to recently close a transaction that will net me a five-figure check.  Since Realtors are self-employed, I have been planning on creating an S-Corp to maximize my tax saving strategies.

I have not yet  created my S-Corp.  If I were to deposit the check directly into my bank account, (under sole prop), and then create the S-Corp to transfer the funds, will the S Corporation consider the transfer as a capital investment?  What implications may arise by paying myself a salary and a distribution from this method if it is a "transfer"?

Also, what if I create the S-Corp, and then provide a loan to the Corporation as a capital investment? What will the interest implications be? 

The other strategy was to create a S-Corp now, and then have the commission check payable to the S-Corp directly.

Thank you for the assistance.  I understand that your opinions and answers do not constitute as legal tax advice.

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Lance Lvovsky
  • Accountant
  • Fort Lauderdale, FL
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Lance Lvovsky
  • Accountant
  • Fort Lauderdale, FL
Replied

Your commission checks would need to be payable to your S Corp. As such, you would need to form the S Corp, get an EIN, and make sure your broker issues you the 1099 at the end of the year in the name and EIN of your S Corp.

Be sure to consult with a CPA accordingly.

  • Lance Lvovsky
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