LLC with Scorp elect vs 2 LLCs for taxes and operation expenses

LLC with Scorp elect vs 2 LLCs for taxes and operation expenses

Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes

Question about a possible alternative to the LLC with scorp tax election.

LLC with Scorp tax

@Brandon Hall, @Steven Hamilton II:)

I see 3 downsides to running with the LLC with scorp election.

1 Separate tax return for each LLC and yourself.

2 Unemployment tax on your income- although limited to $8,500

3 Ambiguity on what a reasonable salary is for a house flipper.

For number 3, allow me to expand on my confusion.  I expect to make 250k this year flipping houses.  If I look up a construction foreman in my area the salary is around $45k.  I find this to be too low for a salary and the IRS will probably agree.  If I look beyond the construction tasks and attempt to add in other work related items I get lost.  Very hard to find comparable salaries. 

2 LLCs

I was suggest to use an alternative approach involving 2 LLCs. 

LLC 1 would buy/sell houses.

LLC2 would run payroll, have employees and charge LLC 1 an hourly rate for worked performed. Lets say for $50/hour per man.

LLC1would pay ordinary income on its profit.

LLC2 would pay ordinary income and self employment tax on its profit.  

Benefits to the second approach.

1. A clear way to calculate/determine what your self employment tax base is.

2. A single tax return.

3. No unemployment tax paid on my active income.

4. Easier to have multiple LLCs for asset protection, based on benefit 2 above.

5. In general I would expect less self employment taxes paid out.

Thoughts/issues/things missed

Thanks. 

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  • Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    10y

    Sorry, duplicate post deleted.

  • Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    10y

    What does a construction foreman do ... schedule and supervise sub-contractors? If so, isn't that pretty much what you do for your rehab and flips? If the answer is yes, then why wouldn't a $45K salary from your LLC be reasonable? The LLC with S-corp election is one business entity and only files one federal tax return. With the first approach, you would file two tax returns -- one for the LLC and one for yourself personally. Assuming LLC2 also has employees, wouldn't the second approach have three tax returns, one for LLC1, one for LLC2 and one for yourself personally?

    Curious to see what Brandon and Steven have to say.

  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    @Dave Toelkes

    It is my understanding an LLC income with no s-corp selection income flows through to the individual and therefore accounted for on the individuals return. Handled under different schedules.

    I have only been filing on return for years now.  I have 3 LLCs.

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