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Old 09-10-2015, 04:48 PM
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Estimate tax for LLC members

My wife and I started small business as a LLC Jun last year. At the beginning a friend advised us that as LLC member we dont need to make any quarterly estimate and just file our tax at the end of the year. We both work as full time in the business. Last year we didnt make any draw or payment as we didnt make any profit.
This year we have been paying ourselves monthly basis and paid no estimate tax as yet.
My question is, what would happen if we just wait end of the year and report our total income for the year as Guaranteed payment on our tax return?

Thank you in advance



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Old 09-10-2015, 05:27 PM
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Originally Posted by jaarso81 View Post
My question is, what would happen if we just wait end of the year and report our total income for the year as Guaranteed payment on our tax return?
UNLESS you live in one of the 9 community pty states , I mean , UNLESS you qualify as qualkfied joint venture, your LLC needs to file Form 1065 and issue Sch K-1s to each partner.So, as you know, as LLC owners/ partners , you NEED to report business income and losses on your personal tax returns of 1040s; in general, you, as LLC members, are considered self-employed business owners UNLESS you are limited partners in LP/LLP with no guaranteed payments) rather than employees of the LLC so you are not subject to tax withholding. Instead, each LLC member is responsible for setting aside enough money to pay taxes on that member's share of the profits. The members must estimate the amount of quarterly estimated tax you'll owe for the year and make quarterly payments to the IRS (and to the appropriate state tax agency, if there is a state income tax) in April, June, September, and January. If you did not pay enough tax throughout the year by making quarterly estimated tax payments, you may have to pay a penalty/interest for underpayment of estimated tax. Generally, most taxpayers will avoid this penalty if they either owe less than $1K (after credit refundable/ nonrefundable) in tax after subtracting their withholding and estimated tax payments, or if they paid at least 90% of the tax for the current year or 100% of the tax shown on the return for the prior year, whichever is smaller
However, in reality, UNLESS taxable income is very high( the amount is I guess relative to each taxpayer), many LLC members NEVER pay quarterly estimated taxes due to low amount of penalties/interest because of lower taxale income; LLC members/partners are not employees so no contributions to the FICA taxes are withheld from your paychecks. Instead, most LLC owners/partners are required to pay self-employment taxes on Sch SE of 1040 directly to the IRS.
NOTE; You do not NEED to pay quarterly estimated tax for the current year if you had no tax liability for the prior year; you were a U.S. citizen or resident for the whole year
; your prior tax year covered a 12 month period



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Old 09-11-2015, 12:39 PM
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thank you for the help.
We were also wondering if we are able to pay ourselves wages W-2 and pay required tax as an employee instead of making just payment or guaranteed payments to our selves, would that be acceptable?

Thanks again



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Old 09-11-2015, 01:43 PM
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Originally Posted by jaarso81 View Post
We were also wondering if we are able to pay ourselves wages W-2 and pay required tax as an employee instead of making just payment or guaranteed payments to our selves, would that be acceptable?

Thanks again
In genenral I do not think ssince LLC partners/owners are not W2 employees and should not be issued a Form W-2 in lieu of Form 1065, Sch K-1, for distributions or guaranteed payments from the partnership. So you can't draw a salary but as said, can receive guaranteed payments. GPs are similar to a salary, as they're considered to be payments for services rendered. They're "guaranteed" because you receive the payment regardless of LLC income for the year. OR you can pay yourslef thru owner draws; When you are ready for a cash payment, the LLC initiates you draw from your equity that reduces your equity account.



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