Pros and Cons: LLC vs S-Corp

[jjw]

you should also consider that an llc does not die and this opens up some interesting options for estate planning.

suppose you trade and make a lot of money and accumulate it. when you die it becomes an asset of your estate and, depending upon the law at the time, may become subject to estate taxes.

suppose you trade through an llc and make a lot of money and accumulate it. the money remains in the llc until it is distributed its members. assusme that a distribution is made every year to cover the tax liability of each member with respect to his share of the llc's net income (trading profits). when you die the balance of the money in the llc remains in the llc and is not part of your estate.

who are the members of the llc? typically it is you, your spouse and your children. check with your tax adviser and attorney on this.

 

[Bob111]

Quote from jjw:

you should also consider that an llc does not die and this opens up some interesting options for estate planning.

suppose you trade and make a lot of money and accumulate it. when you die it becomes an asset of your estate and, depending upon the law at the time, may become subject to estate taxes.

suppose you trade through an llc and make a lot of money and accumulate it. the money remains in the llc until it is distributed its members. assusme that a distribution is made every year to cover the tax liability of each member with respect to his share of the llc's net income (trading profits). when you die the balance of the money in the llc remains in the llc and is not part of your estate.

who are the members of the llc? typically it is you, your spouse and your children. check with your tax adviser and attorney on this.

here is one more-

suppose you trade and make a lot of money and accumulate it.
you have split your assets somehow, just in case someone sue you. corp or llc can give you some protection in this case. it's may give you some flexibility on taxes on distributions too..

 

[Free Thinker]

Quote from jjw:

suppose you trade through an llc and make a lot of money and accumulate it. the money remains in the llc until it is distributed its members. assusme that a distribution is made every year to cover the tax liability of each member with respect to his share of the llc's net income (trading profits). when you die the balance of the money in the llc remains in the llc and is not part of your estate.

wont pass an irs audit.

 

[Jachyra]

Quote from jjw:

you should also consider that an llc does not die and this opens up some interesting options for estate planning.

suppose you trade and make a lot of money and accumulate it. when you die it becomes an asset of your estate and, depending upon the law at the time, may become subject to estate taxes.

suppose you trade through an llc and make a lot of money and accumulate it. the money remains in the llc until it is distributed its members. assusme that a distribution is made every year to cover the tax liability of each member with respect to his share of the llc's net income (trading profits). when you die the balance of the money in the llc remains in the llc and is not part of your estate.

who are the members of the llc? typically it is you, your spouse and your children. check with your tax adviser and attorney on this.

This actually only works for C Corporations... LLC's and S-Corps are pass through entities and all gains are automatically passed through to the members/shareholders personal tax return automatically at the end of every tax year. You can leave the money in the entity if you want... but you still have to pay taxes on it every year and represent the gains on your personal tax return.

 

[RangeBar]

Quote from TraderZones:

I will try to make this simple:

In general, S Corporations and LLCs do not pay any income taxes. Instead, the corporation's income or losses are divided among and passed through to its shareholders. The shareholders must then report the income or loss on their own individual income tax returns.

PERSON 1: Idiot using S corp/LLC:
ABSOLUTELY ALL their income (ALL income automatically passes through to their personal tax forms from S corp/LLC), pays federal/state/local tax + 14-15% self-employment tax. Also has all that lovely extra costs of paperwork and extra tax forms. "Protection of their assets" is idiot's dream, since if you did anything illegal or harmful, they will pierce your corporate veil and you will not have any protection. Your personal trading activities don't need the kind of protection offered by an entity.

PERSON 2: Smart person reports income on their cap gains, pays no self-employment tax. Very simple

I'm sorry to disagree with you, (at least under Person 1), all income passed from the S-Corp to your personal income tax form is NOT subject to Self-employment tax (FICA).

I do work through an S-corp. For each dollar I earn I allocate 33% as 'wages': that is subject to FICA taxes. The remaining 77% is counted as 'Profit/Dividends' and is only subject to Federal and State INCOME tax.

That being said: I do agree that there is no reason for a trader to operate under an S, LLC, or C corp unless their 'business expenses related to trading' are very high.

 

[freewilly]

"I do work through an S-corp. For each dollar I earn I allocate 33% as 'wages': that is subject to FICA taxes. The remaining 77% is counted as 'Profit/Dividends' and is only subject to Federal and State INCOME tax."

One thing I know that does not add up is 33% plus 77% is more than 100%.

 

[SWhiting]

Quote from freewilly:

"I do work through an S-corp. For each dollar I earn I allocate 33% as 'wages': that is subject to FICA taxes. The remaining 77% is counted as 'Profit/Dividends' and is only subject to Federal and State INCOME tax."

One thing I know that does not add up is 33% plus 77% is more than 100%.

LOL, hope the IRS doesn't re-do the math on my returns. I meant 33/67.

 

[trader59]

Why does the Corp have to own 10% (or any part) of the LLC?

 

[dijonyummy]

Another important reason for setting up something like a S-corp is that if you work another job, or primarily swing trade (IRS may not consider this "real" trading), then an S-corp will allow you to deduct your trading expenses. I'm planning to set up a S-corp. I dont think I'll have many expenses, maybe $5000 worth max., and maybe can make 80k trading income my 1st year. I think an S-corp will be fine. Any comments or suggestions?

 

[Bob111]

Quote from dijonyummy:

Another important reason for setting up something like a S-corp is that if you work another job, or primarily swing trade (IRS may not consider this "real" trading), then an S-corp will allow you to deduct your trading expenses. I'm planning to set up a S-corp. I dont think I'll have many expenses, maybe $5000 worth max., and maybe can make 80k trading income my 1st year. I think an S-corp will be fine. Any comments or suggestions?

imo-LLC is better. in S you have to pay yourself a salary + taxes. LLC just plain pass-through. i have one for same reason. to write off data,news etc expenses.