Atlanta CPA Advises on Whether Your Georgia LLC Should Convert Over to an S Corporation for Tax Purposes
Atlanta CPA Advises on Whether Your Georgia LLC Should Convert Over to an S Corporation for Tax Purposes
If You Have Just Incorporated in Georgia
Today I both met with a real estate broker and spoke with a distributor who were evaluating on whether or not to convert their LLC over to an S Corporation for tax purposes. For business owners who qualify to be an S Corporation, this is often a prudent and tested technique. To be an S Corporation you have to have a December 31 year-end, have less than an 100 shareholders and all of your owners have to be either U.S. citizens or resident aliens.
Small Business Election: Filing Form 2553
Whether you have just incorporated and you have had an LLC for years. It is prudently evaluate your tax election and to ensure that your entity selection is right for your business. If it is not we can convert your Georgia Business to a Georgia S Corporation by filing Form 2553: Election by a Small Business Corporation. S Elections have been for decades required to be filed within either seventy-five days of the beginning of a tax year or within 75 days of the incorporation date, if a new corporation. For example, if you are a new business and incorporate on 3-1-09 then you would have 75 days from 3-1-09 to file the S Corporation for it to be timely. Similarly, if you are a C Corporation or an LLC and wish to become an S Corporation for the 2009 tax year then you would have 75 days or until March 15, 2009 to file for a timely election. However if you have missed this deadline the IRS has allowed business owners still to gain a “current” tax entity selection; please be sure to work closely with your CPA to ensure that this is done correctly.
For an LLC that converts to an S Corporation for tax purposes, it remains an LLC for all other issues thus maintaining the advantages initially desired. When an LLC changes over to an S Corporation all active employee/owners are required to take a fair and reasonable salary. The best test of a reasonable salary is what an owner would have to pay someone else to perform their position and it is a function of their position, responsibilities, and the business’s profit. If an LLC converts over to an S Corporation for tax purposes its federal and state income taxes will remain essentially the same. However, an LLC pays FICA & Medicaid taxes on all of its net earnings/earned income whereas an S Corporation will be obligated solely on its salary/W-2 wages.
To learn more about tax entities and the taxation thereof visit http://www.hiscpa.com/article2.html There you will also discover a wide host of resources for American Entrepreneurs.
John Dillard is an Christian Speaker/Author and an Atlanta CPA. To See how he takes Christ along with him to work visit http://www.hiscpa.com/ and for his latest book Overcoming Life’s 9/11’s: Job’s Journey and a Voice of One: Nehemiah’s Prayer visit http://www.john-dillard.com/ or call John Dillard CPA today at 770.814.9304 (All Rights Reserved) Dare to Attempt Something so Great for the Kingdom of God that it is doomed to failure, lest Christ be in it!
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