Need advice on taxes for S-Corp (good beginner lesson)

Need advice on taxes for S-Corp (good beginner lesson)

Investor · Grand Rapids, MI · Member since 2012 · 224 posts · 40 votes

So I formed an LLC and opted to be taxed as an S-corp in 2012 thinking I'd save money on payroll taxes when I make a ton of money, well... like most new investors I only made a little... $1,650 I paid myself out of a $3,000 wholesale assignment and thought I could pay self-employment taxes like I would a schedule - C. Apparently not, and found out I needed to give myself a W-2, which involves payroll, which involves paying withholding qtrly, which I didn't know I was supposed to do (again, thinking I could do this at the end of the year).

My question is this... the first deal for $3,000 was in my name and not my LLC's name. Check was in my name, P&A was in my name. Can I legally claim it as personal income instead of income that went through my business? If so I'm hoping to avoid the mess of payroll taxes and penalties for not paying on time.

Let this be a lesson for newb wholesalers/investors out there doing an S-corp. It's not a schedule - C! You have a crap ton of forms, pay quarterly withholding/self-employment tax/payroll tax, give yourself a W-2, and so be prepared to spend money hiring a CPA and a payroll program/service. My advice is if you're starting out go with a simple LLC / schedule C and save yourself a lot of trouble until you start making a lot of money in real estate. I wish I had.

Any help with my question above would be great. Please explain your answer.

Thanks

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Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
13y

Sorry, can't specifically answer your questions. Best to consult with your CPA. If you don't have one, get one. They will save you a lot of grief.

Perhaps Steven Hamilton II can shed a little light.

I think this whole S-corp to avoid SET is overrated. As you're seeing, its a big hassle. Further, the IRS will expect to see you pay yourself a reasonable salary, which is still subject to SET. So, with only $3000 in income, you can expect it would all be subject to SET. If you try to pay yourself $1 (subject to SET) and the $2,999 as dividends (not subject to SET, perhaps the wrong term) you're going to raise a red flag. If you had $50K in income and could justify $25K as a salary, this might be worthwhile. And still further, if you have a good paying day job, you may already be hitting the limit for social security tax. And even further (perhaps too far for many to even consider) your eventual social security payout is based on what you pay in when you were working. So, by avoiding the tax now, your reducing your benefits in the future.

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  • Real Estate Investor · Sioux Falls, SD · Member since 2013 · 415 posts · 84 votes
    13y

    Lol ! Ah yes the headache of becoming a W-2 employee and the paperwork that goes along with it.

    I am sure @Steven Hamilton could help answering this for you though.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    13y

    It didn't go through your business. Why would you think so? If it was in your name it was done as a sole proprietor. You are an owner of your S corp but that doesn't mean you can't do business outside of your s corp.

    You still pay taxes on it. You are still supposed to pay estimated taxes for it. But you wouldn't do payroll deductions or send yourself a w-2.

    Tax laws could be changing soon. Right now however, there are some tax advantages to an S corp for a business with earned income. For buy and hold property there is no real advantage.

    I am not a CPA and I don't have a clue what forms to file. I leave that to my CPA. However I am pretty sure what I have said is correct and I am sure someone will chime in and verify it. Good luck - Ned

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y

    Sorry, can't specifically answer your questions. Best to consult with your CPA. If you don't have one, get one. They will save you a lot of grief.

    Perhaps Steven Hamilton II can shed a little light.

    I think this whole S-corp to avoid SET is overrated. As you're seeing, its a big hassle. Further, the IRS will expect to see you pay yourself a reasonable salary, which is still subject to SET. So, with only $3000 in income, you can expect it would all be subject to SET. If you try to pay yourself $1 (subject to SET) and the $2,999 as dividends (not subject to SET, perhaps the wrong term) you're going to raise a red flag. If you had $50K in income and could justify $25K as a salary, this might be worthwhile. And still further, if you have a good paying day job, you may already be hitting the limit for social security tax. And even further (perhaps too far for many to even consider) your eventual social security payout is based on what you pay in when you were working. So, by avoiding the tax now, your reducing your benefits in the future.

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    13y

    Include the income on the s-corp subtract expenses. Subtract contract labor to zero scorp expenses. Include the profit on a schedule C to make it subject to SE tax.

  • Investor · Grand Rapids, MI · Member since 2012 · 224 posts · 40 votes
    13y

    Thanks everyone, and Steven Hamilton II for clearing that up for me. Now I have to get the payroll and CPA for this year as I do have deals in my LLC's name for 2013 :)

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    13y

    Steven Hamilton II since the deal was in his own name why wold he do anything regarding the S corp?

  • CA · Member since 2011 · 762 posts · 182 votes
    13y
    Originally posted by Steven Hamilton II:
    Subtract contract labor to zero scorp expenses.

    Could you expand on this a little bit. You mean s-corp owner contracts his own labor to the corp thus shifting taxable income from 1120 to 1040?

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    13y

    David, yes the income ends up on the 1040 either way. By moving it to the schedule C you are subjecting it to SE tax.

    @Ned, I have clients who despite their urging receive 1099s issued to them instead of their business. It all works out in the end.

    I simply attach a statement to the return and file it.

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