An LLC can chose to be taxed as as partnership/sole proprietorship, a C-corp or an S-corp. the most common tax reasons for choosing one form or the other are: Most small businesses chose partnership/sole proprietorship taxation because it eliminates double taxation and it is very flexible. If a small business earns profits from its employees who aren't owners or from capital assets, S-corp taxation avoids double taxation and social security tax on none personal service income. The downside is S-corps are not flexible, the ownership and profit/loss distribution must follow a strict set of rules. If a small business wants to attract minority shareholders, C-corp taxation is necessary because minority shareholders usually don't want the possibility of getting taxable income without a cash distribution. There is double taxation in C-corp taxation. There are also non-tax reasons for choosing the various forms. The S-corp form requires that voting rights are proportional to ownership, while partnership/sole prop and C-corp forms allow a minority owner to control the business. C-corp income is only reported as personal income if the cash is received by the owner, partnership/sole prop and S-corp income is reported as personal income regardless of whether it's distributed (if the owner pays alimony based on personal income and she/he needs to keep $250,000 a year in the business to buy equipment or for working capital, she/he probably doesn't want to count that $250,000 in the base for determining alimony). If you're situation is more complex than the above or you don't understand the above, then you need to talk to a tax attorney.
Answered on Oct 05th, 2015 at 4:49 PM