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EAT FASTER!!!!!!
Sep 21, 2002

Legendary.


:hampants::hampants::hampants:

tangy yet delightful posted:

I am looking for advice/recommended reading on the pros/cons for these two setups.

This is for a home business doing photography. There is really no current concern for liability insurance, single employee, other spouse is currently employed full-time and health insurance is via that job. Based in Tennessee.

From reading this article, it looks like the possible taxation benefit comes from taking a smaller salary as an employee of the company and then taking the rest of your pay as a dividend.

Questions I have:

1) Is the S-Corp dividend taxed at the 15% capital gains rate?

2) Will workers compensation and/or unemployment insurance coverage be needed?

3) State of TN taxes?

4) How does one form an S-Corp most efficiently?

5) How do salary and dividends need to be paid, ratio wise, to avoid the IRS reclassifying some portion of dividends as wages?

6) And finally, should the business be something other than S-Corp or Sole Proprietorship? And how would advice change if the business went from the sole employee to both spouses working for the business full-time?

I'm not a lawyer and this advice isn't meant to be legal but a sole proprietorship is a pretty good way to get your poo poo hosed with regard to liability. While you think you have nothing to fear regarding liability, the photography industry is rife with horror stories of individuals with huge legal obligations following somebody doing something dumb around camera equipment. A single individual LLC is immediately a better choice than a SP.

You're going to want to meet with a tax accountant to compare an LLC and an S-Corp moving forward, because so many of the answers of this are "it depends." Like, depending on local tax statutes and incentives, your total tax liability can vary dramatically between the two, but the answer is the Government always gets their taste one way or the other, so figure it out with someone who knows this business inside and out.

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