QUESTION

My husband is a sub contractor for one company. Our accountant made us incorporate years ago but payroll taxes are killing us to pay ourself.

Asked on Jan 19th, 2012 on Business Law - Arkansas
More details to this question:
Our business who only employs my husband only does work for one company. We do not own any equipment or order supplies. All the work we complete is done through one person who pays us a check weekly to our business name. Should we be se up as a corporation payi g payroll taxes and workers compensation insurance or is there a better form of business we should be?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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As a general matter, a single-person business will have the lowest possible operating costs if it operates as an unincorporated sole proprietorship. The principal reason for incorporating is limiting liability. That's not a factor in your husband's business. By doing away with the corporation, you will avoid multiple tax returns and franchise taxes. There should be no meaningful change in the way the income is taxes for income tax purposes, but the nuisance fees will go away. This is not intended as legal or tax advice, because there may be other facts necessary for a complete understanding of your circumstances. You should rely on the advice of your own attorney or accountant and not on advice you receive through a computer.
Answered on Jan 19th, 2012 at 10:58 PM

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