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LLC vs. S-Corp vs. C-Corp

launchside.com

11–20 of 88 posts

Re: LLC vs. S-Corp vs. C-Corp

#11
S Corps are referred to as "Professional Corporations". Their intended purpose was for Doctors, Lawyers, Consultants etc. and other people looking for liability protection for services they provide. I believe in some states they even restrict the number of shareholders.

Take that for what it's worth.

Re: LLC vs. S-Corp vs. C-Corp

#12
post #5

The article suggests, but doesn't explain why LLC / S-Corp is better if you are taking all the money out. It feels to me that if you don't have to retain any money, then they both collapse to the same situation more or less. The only difference being C-Corp needing more expenses in accounting (and maybe legal) to just keep the books in order, but that is not a significant factor.

If you plan on taking the money out of the company immediately, the LLC/S-Corp is better because the company doesn't pay any tax on that income – it "passes through" to the members as regular income. Therefore, it's only taxed one time. With a C-Corp, the corporation pays taxes on its income for the year, and any money paid out to the shareholder is taxed at 15%. Thus, the actual earnings of the corporation are subjected to double taxation, which the LLC/S-Corp can avoid. The potential problem with an LLC that he's referring to is that LLC members are taxed on their share of annual income, whether or not it is actually distributed out.

Re: LLC vs. S-Corp vs. C-Corp

#13
post #9

What isn't mentioned here is that an LLC is relatively straightforward to set up, an average Hacker News reader could set one up in their state with a few hundred dollars and no lawyer. S-Corps are more complicated (you will need a lawyer), and C-Corps are VERY complicated (you will want at least 2 lawyers). The amount of legal fees and time spent creating the different corporations varies immensely. It's not as simp…

"What isn't mentioned here is that an LLC is relatively straightforward to set up, an average Hacker News reader could set one up in their state with a few hundred dollars and no lawyer."

This is true but it should also be noted that in some states you can get taxed a significant amount of money per year on your LLC. California, in particular, has an $800 minimum tax per year on LLCs, regardless of whether you've earned a single dime.

$800 a year isn't much if your LLC is an actual money making venture, but is pretty significant if you are just using it for what amount to basically side projects.

Re: LLC vs. S-Corp vs. C-Corp

#14
post #5

The article suggests, but doesn't explain why LLC / S-Corp is better if you are taking all the money out. It feels to me that if you don't have to retain any money, then they both collapse to the same situation more or less. The only difference being C-Corp needing more expenses in accounting (and maybe legal) to just keep the books in order, but that is not a significant factor.

[deleted]

Re: LLC vs. S-Corp vs. C-Corp

#15
post #9

What isn't mentioned here is that an LLC is relatively straightforward to set up, an average Hacker News reader could set one up in their state with a few hundred dollars and no lawyer. S-Corps are more complicated (you will need a lawyer), and C-Corps are VERY complicated (you will want at least 2 lawyers). The amount of legal fees and time spent creating the different corporations varies immensely. It's not as simp…

"What isn't mentioned here is that an LLC is relatively straightforward to set up, an average Hacker News reader could set one up in their state with a few hundred dollars and no lawyer." This is true but it should also be noted that in some states you can get taxed a significant amount of money per year on your LLC. California, in particular, has an $800 minimum tax per year on LLCs, regardless of whether you've ear…

[deleted]

Re: LLC vs. S-Corp vs. C-Corp

#16
post #9

What isn't mentioned here is that an LLC is relatively straightforward to set up, an average Hacker News reader could set one up in their state with a few hundred dollars and no lawyer. S-Corps are more complicated (you will need a lawyer), and C-Corps are VERY complicated (you will want at least 2 lawyers). The amount of legal fees and time spent creating the different corporations varies immensely. It's not as simp…

An LLC may be easy to set up, but maintaining the personal liability shield is non-trivial. I'd recommend getting advice from a lawyer no matter the route taken.

Re: LLC vs. S-Corp vs. C-Corp

#17
Author is likely incorrect about the C Corp retained earnings taxes, the tax owed for 100k of profit for Federal only would be more like $22,500 as the 15% rate is only for your first 50K of profit.

The corporate tax rate is very high and should really be thought of as 35% if you have meaningful profit.

You may also be able to defer profit if you're delivering service after you're paid for it (and you should be doing this), this keeps more money in the company without paying the taxes immediately. A far more important lesson.

Re: LLC vs. S-Corp vs. C-Corp

#18
This is an aside, but needs to be said: if you're going to offer a mobile specific layout for your website, test the damn thing first. It's extremely jarring to have share buttons on the left side covering up the first letters of each line. I can't even zoom out so that the text fits. If you're really so desperate for people to talk about your post that you'll cover up the post in order to achieve that, at least put it at the top.

Re: LLC vs. S-Corp vs. C-Corp

#19
post #4

Being in a higher tax bracket doesn't lead you to pay more tax on your initial income, only a higher rate on money above a certain threshold. That said, the article is right in that an S-Corp or LLC sound right and are rarely a good idea because you sometimes lose out on certain tax deductions because your personal income is too high. Remember though, a tax bracket is a sliding scale... see the margin tax rates table…

YES! It's so annoying how few people understand this. People are never "in a tax bracket" -- only money is!

Your first $40k may be taxed at 10% and your next $20k may be taxed at 15% or whatever, but you are not "in a tax bracket".

The idea of being "in" a tax bracket gave rise to the dumb idea that making more money can net you less after taxes, which is virtually never the case.

Re: LLC vs. S-Corp vs. C-Corp

#20

S Corps are referred to as "Professional Corporations". Their intended purpose was for Doctors, Lawyers, Consultants etc. and other people looking for liability protection for services they provide. I believe in some states they even restrict the number of shareholders. Take that for what it's worth.

A PC is actually different from an S Corp! I haven't read the article yet but felt the need to reply to this. States also don't have S-corps, they are a construct of the IRS and an LLC or a C-corp can elect to be taxed as an S-corp but it doesn't change their legal entity form. The shareholder limit is 100 and there are a few other nuances but the general idea is that you can elect for your corporation to be taxed as a flow through so as to avoid double taxation.
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