Originally posted by J Scott:
Remember that I'm not a tax professional, but if you decide to set up an LLC, remember that you can affect the tax consequences of your business by electing whatever tax status you desire for the LLC.
You may not be a tax professional but you are absolutely spot on here. An LLC is a disregarded entity for federal (and most state) tax purposes. That means that unless an election is made to be treated as either an S or C corp for tax purposes, a single member LLC will be taxed as a sole proprietorship and a 2+ member LLC will be taxed as a partnership. In each of the latter two instances a wholesaler will incur the self-employment tax. By electing to be taxed as a corporation self-employment tax would not be an issue. Of course, the LLC would then be subject to corporate tax rules and the advantages and disadvantages of that election would have to be weighed in order to make an informed decision.
Irrespective of whether you elect to be taxed as a corporation, sole proprietorship, or partnership the LLC has proven itself to be the most valuable business entity for real estate investors. This entity provides the greatest flexibility and provides some very nice tax and asset protection benefits.
BUT - be sure to run this by your own tax pro (preferably one who understands real estate investing). He or she should be in the best position to advise you :-)