Member Information Form Defined Benefit Plans Copera
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As one of the cofounders of a multi-member LLC taxed as a partnership, how do I pay myself for work I am doing as a contractor for the company? What forms do I need to fill out?First, the LLC operates as tax partnership (“TP”) as the default tax status if no election has been made as noted in Treasury Regulation Section 301.7701-3(b)(i). For legal purposes, we have a LLC. For tax purposes we have a tax partnership. Since we are discussing a tax issue here, we will discuss the issue from the perspective of a TP.A partner cannot under any circumstances be an employee of the TP as Revenue Ruling 69-184 dictated such. And, the 2016 preamble to Temporary Treasury Regulation Section 301.7701-2T notes the Treasury still supports this revenue ruling.Though a partner can engage in a transaction with the TP in a non partner capacity (Section 707a(a)).A partner receiving a 707(a) payment from the partnership receives the payment as any stranger receives a payment from the TP for services rendered. This partner gets treated for this transaction as if he/she were not a member of the TP (Treasury Regulation Section 1.707-1(a).As an example, a partner owns and operates a law firm specializing in contract law. The TP requires advice on terms and creation for new contracts the TP uses in its business with clients. This partner provides a bid for this unique job and the TP accepts it. Here, the partner bills the TP as it would any other client, and the partner reports the income from the TP client job as he/she would for any other client. The TP records the job as an expense and pays the partner as it would any other vendor. Here, I am assuming the law contract job represents an expense versus a capital item. Of course, the partner may have a law corporation though the same principle applies.Further, a TP can make fixed payments to a partner for services or capital — called guaranteed payments as noted in subsection (c).A 707(c) guaranteed payment shows up in the membership agreement drawn up by the business attorney. This payment provides a service partner with a guaranteed payment regardless of the TP’s income for the year as noted in Treasury Regulation Section 1.707-1(c).As an example, the TP operates an exclusive restaurant. Several partners contribute capital for the venture. The TP’s key service partner is the chef for the restaurant. And, the whole restaurant concept centers on this chef’s experience and creativity. The TP’s operating agreement provides the chef receives a certain % profit interest but as a minimum receives yearly a fixed $X guaranteed payment regardless of TP’s income level. In the first year of operations the TP has low profits as expected. The chef receives the guaranteed $X payment as provided in the membership agreement.The TP allocates the guaranteed payment to the capital interest partners on their TP k-1s as business expense. And, the TP includes the full $X guaranteed payment as income on the chef’s K-1. Here, the membership agreement demonstrates the chef only shares in profits not losses. So, the TP only allocates the guaranteed expense to those partners responsible for making up losses (the capital partners) as noted in Treasury Regulation Section 707-1(c) Example 3. The chef gets no allocation for the guaranteed expense as he/she does not participate in losses.If we change the situation slightly, we may change the tax results. If the membership agreement says the chef shares in losses, we then allocate a portion of the guaranteed expense back to the chef following the above treasury regulation.As a final note, a TP return requires knowledge of primary tax law if the TP desires filing a completed an accurate partnership tax return.I have completed the above tax analysis based on primary partnership tax law. If the situation changes in any manner, the tax outcome may change considerably. www.rst.tax
How is a single-member LLC owned by a nonresident alien taxed? Should I fill out a W-8 or am I deemed not to have U.S. activities?Based on the facts as you have presented them:You are selling a product, as I see it, and not a service - although there's something of a gray area here, this is more like an intangible asset than it is providing a personal service for compensation. That product is being offered to US-based customers who are using it in the US - your focus is building up your market in the US, and you are doing that under the auspices of an LLC which is US-based. Looking at all of the facts and circumstances surrounding the conduct of your business, as you have presented them and as the IRS will look at them if asked, I conclude that you are conducting a business in the US and your income from US sources is effectively connected with the conduct of that business in the US, which means that you are subject to US taxes on that income.With that conclusion, Form W-8ECI is the proper form to provide to your US sources if you wish to prevent withholding on the income from your business.I want to add one point, since this seems to be coming up frequently - while an LLC is a disregarded entity for tax purposes, it is still a legal entity in the US - and the fact that you, as a nonresident alien, choose to operate a business under the auspices of a US-based LLC is a piece of evidence that can, under the appropriate set of facts and circumstances, be used by the IRS to support an argument that you are conducting business in the US and that your income from that business that comes from US sources should be taxable in the U.S. You should not assume that as a nonresident alien you have carte blanche to create a US LLC, operate a business under its auspices, and then at tax time argue that the income should not be taxable in the US because the LLC is a disregarded entity. The IRS will look at all of the facts and circumstances surrounding your business, including your choice of a US-based entity as the face of your business, and while that decision alone won't be dispositive, it will certainly be considered.
How do I create forms for MySQL database? I have created a small database in Access and I’m planning to move to MySQL, but I am able to create only tables so far. How do I create forms for users to fill out the tables?You can't directly. MySQL is the data engine, and has no user interface capabilities.To do this, you must write an application of some kind.You might write a desktop windows app using C# and its UI framework. Or maybe a Java desktop app using JavaFX for the UI and JDBC to connect to MySQLYou might write a web application, and then have a browser based interface.Whatever you do, what gets sent to MySQL will be SQL commands.It's more difficult than access for sure. And you have to consider the effects of multiple users editing the same data at the same time.
How can I take my child (16yrs) to the U.S if my immigrant visa is approved? My husband, a US citizen, filled out form I 130 for me and mentioned this child as migrating in future.Just petition using a I-130 yourself. Read the instructions very carefully. I am not sure but it’s possible that the affidavit of support will need to be filled by your husband since he is the citizen and he filled one for you - again, check the instructions very carefully. It should be a pretty clear, straightforward process.Your child is still well below the age limit and should be fine. If there are any problems, do the same thing you did with your own process - use the numbers you are given to check on the process and if you see it stuck call to make sure they have everything they need early.It is my understanding that the age limit of the child is based on the petition date, so go ahead and do it.You still have plenty of time at 16, just don’t delay.
If you are a multi-member LLC that chooses to elect to file taxes as an S Corp (wages - dividends), are you informing the IRS of how you intend to file through a form(s) or is it an application request that needs to be approved by the IRS?It's both, though the requests are automatic when timely filed.You need to file an 8832 (to elect to be taxed as a corporation) and a 2553 (to elect that corp to be taxed as an S corp).For calendar year entities both forms are due March 15 of the year you want it to be effective. Otherwise within 75 days of the beginning of the effective year.If you miss the due date there are various revenue procedures to follow in order to submit a late election. I have found the IRS to be quite liberal with granting late elections.
Why should it be so complicated just figuring out how much tax to pay? (record keeping, software, filling out forms . . . many times cost much more than the amount of taxes due) The cost of compliance makes the U.S. uncompetitive and costs jobs and lowers our standard of living.Taxes can be viewed as having 4 uses (or purposes) in our (and most) governments:Revenue generation (to pay for public services).Fiscal policy control (e.g., If the government wishes to reduce the money supply in order to reduce the risk of inflation, they can raise interest rates, sell fewer bonds, burn money, or raise taxes. In the last case, this represents excess tax revenue over the actual spending needs of the government).Wealth re-distribution. One argument for this is that the earnings of a country can be perceived as belonging to all of its citizens since the we all have a stake in the resources of the country (natural resources, and intangibles such as culture, good citizenship, civic duties). Without some tax policy complexity, the free market alone does not re-distribute wealth according to this "shared" resources concept. However, this steps into the boundary of Purpose # 4...A way to implement Social Policy (and similar government mandated policies, such as environmental policy, health policy, savings and debt policy, etc.). As Government spending can be use to implement policies (e.g., spending money on public health care, environmental cleanup, education, etc.), it is equivalent to provide tax breaks (income deductions or tax credits) for the private sector to act in certain ways -- e.g., spend money on R&D, pay for their own education or health care, avoid spending money on polluting cars by having a higher sales tax on these cars or offering a credit for trade-ins [ref: Cash for Clunkers]).Uses # 1 & 2 are rather straight-forward, and do not require a complex tax code to implement. Flat income and/or consumption (sales) taxes can easily be manipulated up or down overall for these top 2 uses. Furthermore, there is clarity when these uses are invoked. For spending, we publish a budget. For fiscal policy manipulation, the official economic agency (The Fed) publishes their outlook and agenda.Use # 3 is controversial because there is no Constitutional definition for the appropriate level of wealth re-distribution, and the very concept of wealth re-distribution is considered by some to be inappropriate and unconstitutional. Thus, the goal of wealth re-distribution is pretty much hidden in with the actions and policies of Use #4 (social policy manipulation).Use # 4, however, is where the complexity enters the Taxation system. Policy implementation through taxation (or through spending) occurs via legislation. Legislation (law making) is inherently complex and subject to gross manipulation by special interests during formation and amendments. Legislation is subject to interpretation, is prone to errors (leading to loopholes) and both unintentional or intentional (criminal / fraudulent) avoidance.The record keeping and forms referred to in the question are partially due to the basic formula for calculating taxes (i.e., percentage of income, cost of property, amount of purchase for a sales tax, ...). However, it is the complexity (and associated opportunities for exploitation) of taxation legislation for Use # 4 (Social Policy implementation) that naturally leads to complexity in the reporting requirements for the tax system.
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