Selecting a form of entity for doing business.
Tax payers, who are business owners, including the self-employed, have choices regarding how to set up their entity for tax purposes. Generally, the following options are available for tax payers:
Sole Proprietorship
Single Member Limited Liability Company
“S” Corporation
“C” Corporation
Sole Proprietorships do not file any documents, including annual reports, with the Secretary of State. Accordingly, they do not have legal or creditor protection.
Sole Proprietorships prepare Schedule C as part of their Individual Income Tax returns, with exception to farmers who must file Schedule F. The Schedule C is the most simplistic form for tax filing purposes, when it comes to business. Sole Proprietors may need to file Schedule SE.
Generally, self-employed business owners can set up fringe benefits (i.e. self-employed health insurance deduction and retirement plan) for their business. Self-employed health insurance and retirement deductions are reported on page 1 of the individual income tax form as an adjustment to gross income. Discrimination tests have to be met for the self-employed health insurance if the sole proprietorship has employees.
Under the family member 's rule, as stated in Circular E of the IRS: “Child employed by parents. Payments for the services of a child under age 18 who works for his or her parent in a trade or business aren 't subject to social security and Medicare taxes if the trade or business is a
| In a sole proprietorship, the business and single owner are one in the same. A single owner makes all decisions with regard to the business and the single owner retains all profits earned by the business. The single owner is also responsible/liable for all debts and obligations of the business on a personal level.
Fringe benefits: The employees can be maintained by paying them fringe benefits, non-cash expenses. They may include child-care expenses, tuition assistance, and flexible medical bills. In cases where the employees want to take personal classes, the employer can reimburse the tuition to entice the worker and attract more services delivery (Albinger & Freeman,
Forming a business entity requires a great deal of knowledge before any decision is made. There are advantages and disadvantages to each entity and without proper understanding of what they are, individuals could make costly errors and forfeit crucial perks that would be in the businesses best interest. In the situation in New State, Alex, Bill, Carl, and Devon have inherited their father’s operating organic farm and seek advice, in regards to which form of business organization would best fit their particular criteria. They have emphasized their immediate concerns, wants and needs from a business standpoint, but also stress their strong faith to uphold and operate in accordance with the Christian worldview. Their criteria is as follows, (1) create an entity which averts formalities or complexities, (2) develop a structure allowing cousin Xavier to handle the day-to-day, (3) minimize taxes on the entity, (4) avoid any personal liability, (4) keep business in the family only, (5) remain in accordance with the Christian worldview, (which will be the final topic in this discussion). After reviewing all criteria, it will be advised that forming a limited liability company (LLC) and electing for an S corporation status would be of best interest for the family. Discussed below, is the strengths and weaknesses of each form of business organization as it applies to their unique situation, to help better understand why an LLC/S corporation, is the best form of
Parents may claim a child and dependent care credit for expenses incurred in providing for their dependents while the parents work as long as the children are over age 14 and under age 20 at year end.
Sole Proprietorship Sole proprietorship is the most common form of business in the United States. It is a relatively simple way for an individual to start a business since legal costs and business requirements are minimal, and the owner has complete control over the business. Though a sole proprietor is not responsible for any corporate tax payments, the owner is responsible for taxes incurred on the income generated from the business as part of his or her personal income tax payments, and personally shoulders any other risks or obligations. A sole proprietor may also choose to file their business under a fictitious business name or a DBA (doing business as), allowing him or her to operate and market the business under a more typical
Income taxes- All income generated through a sole proprietorship is taxed by the Internal Revenue Service. This is reported on the owner's personal tax return.
The small business owner that has 25 or fewer employees, and provides health insurance for them, the owner will receive tax credits to ease the burden of the cost. The small business owner will receive 50% tax credit for a profit business and 35% tax credit for non-profit businesses.
Self-insured employers must file an annual return which details the coverage that they offer to employees.
INCOME TAXES – As a sole proprietor all business income or losses must be reported as personal income tax. The business itself is not taxed separately.
A limited liability company consists of a single owner, or sometimes more than one owner, and are not taxed as separate business entities. All profits and losses pass through the business to those who own the company. Owners must report profits and losses on their personal tax return filing as a corporation, partnership, or sole proprietorship. If the LLC is ran by a single owner, they file a 1040 Schedule C form as a sole proprietor. Partners file a 1065 form consisting of a partnership, and a form 1120 is filed if the LLC is filing as a corporation. The LLC must be registered such as the State Corporation Commission, Department of Commerce and Consumer Affairs, Department of Consumer and Regulatory Affairs, or the Division of Corporations and Commercial Code. The great thing about an LLC is that the owner has freedom in management. The owner is able to run the organization as they see fit not answering to anyone,
When an independent contractor earns compensation for providing services or doing work and is classified as a self-employed individual rather than an employee, this is considered to be independent contractor income. This type of income will listed on Form 1099-MISC, which is where other types of income is listed.
If you’re a business owner, you need to be the sole proprietor and have no employee other than your spouse. If your business is a partnership, it should have no employee other than self-employed partners and their spouses.
Breaking down self-employment tax can be classified into two realms. First being in the form of an individual’s income derived by their trade or business and the second being the income or loss by the individual’s partnership of said trade or business. This self employment tax is levied on income in excess of $400 and is in exclusion of real estate rentals, dividends, interest, capital gains tax,
When I went back to my notes that I took during the Taxation class and think about filing a tax return with IRS I see that there are a lot of similarities between individual tax and business tax. However, weighing individual and business tax on the same gauge will evince how much they are different from each other (Pack, n.d.). Individual taxation is a type of tax return filed by an individual for both single and married taxpayers whether they have dependents or not, they will file the tax returns on Form 1040. The Form 1040 indoctrinate tax filers for information on their filing status and number of dependents, the income section includes wages, salary, taxable interest, capital gains and other types of income. filers can claim deductions for expenses, education, moving expenses and many other categories.
A Sole Proprietorship is a business owned and ran by one individual. Sole Proprietorships are unincorporated. There is no legal difference between the business and the