Tax Benefits of Operating Through an LLC Instead of a Corporation for Home-Based Businesses

[ad_1]

money-256296_1280

When running a home-based business there are many tax issues to keep in mind, from keeping track of business expenses to calculating the deduction for business use of your home.

One important step is to officially structure your company as an LLC or corporation.  Choosing to operate as an LLC instead of a corporation will offer several tax advantages as your business grows (even if it outgrows your house), including:

1) Not getting taxed twice. A limited liability com­pany can sell its assets and operations and li­quidate without triggering a double tax – meaning both an entity-level tax and a shareholder-level tax.

Purchasers strongly prefer to purchase assets, rather than equity in­terests, because an
as­set sale generally results in a “step-up” in the tax basis of the acquired as­sets from the seller’s cost (net of depreciation) to the purchaser’s cost. This step-up en­titles the purchaser to greater de­­preciation deductions and/or less gain when the acquired as­sets ulti­mately are sold. Purchasers are acutely aware of the tax ben­efits associated with a bas­is step-up and typically dis­count the pur­chase price signifi­cantly where corporate shareholders insist on a stock sale in order to avoid the double tax that would result from an asset sale.

2) An equity com­pen­sa­tion program that is treated more favorably than a corporate equity compensation pro­gram.

If a limited liability company grants a key employee a “profits interests” (whether restrict­ed or vested), the employee will not recognize income or gain at the time he receives the profits in­ter­est (or, if the interest, is restricted, at the time it vests), but only when the company is ulti­mate­­ly is acquired or goes public. On the other hand, regular corporate stock options trig­ger ordinary in­­come when exercised, qualified corporate stock op­tions trig­ger alternative minimum tax when exercised and grants of vested corporate stock require the recipient either to pay fair value for the stock or recognize ordinary in­come on the difference between fair value and purchase price.

3) Losses can generally pass through directly to its owners as cur­rent de­duc­tions and can offset the income they earn from their “day jobs.” This is especially helpful in the beginning stages of a new company. Of course, this loses sig­nificance once the company turns a profit. In a corporation, however, this would fall under operating losses and not offer the same benefit.

4) Dis­tributing some or all of its earnings to its owners without triggering the double tax that is imposed when a profitable corporation distributes earnings to its shareholders as divi­dends.

5) An easier transition to an IPO or acquisition.

Since an overwhelming majority of start-ups are financed entirely by friends and family or a combina­tion of friends and family and angels and then are ac­quired or go public without venture capital funding, selecting a business structure for the purpose of at­tracting venture capital funding is putting the cart before the horse. This is particularly so if a lim­ited liability company reaches a stage in its de­vel­opment where it wishes to attract such funding, it can incorporate at that time without incurring any tax liabili­ty.

The post Tax Benefits of Operating Through an LLC Instead of a Corporation for Home-Based Businesses appeared first on Home Business Magazine.

[ad_2]

Source link

Reply