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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
What is the best way to describe type of business in LLC-12 statement of information if you plan on doing multiple businesses under one LLC?A2A - I’ve no idea what LLC-12 is. Assuming that it is the state mandated articles of organization. That being the case I am going to refuse to answer your question as a favor to you. You are contemplating a potentially extremely complex tax and legal situation. Contact competent legal and tax advisors for their assistance.FYI - I’m a firm believer in the KISS principle - Keep it simple stupid. The nested structure can potentially be pierced if not run properly and thus subject all the underlying LLCs to the same suit ie. a suit against 1 risks all. Additionally, this structure WILL probably increase your accounting and tax work fees almost by a factor of two. You are talking about consolidation work here. Complex. Very complex. Generally. I’d NOT recommend doing it that way. KISS IT.
How do we know the eligibility to fill out Form 12 BB?Every year as a salaried employee many of you must have fill Form 12BB, but did you ever bothered to know its purpose. Don’t know ??It is indispensable for both, you and your employer. With the help of Form 12BB, you will be able to figure out how much income tax is to be deducted from your monthly pay. Further, with the help of Form 12BB, you will be in relief at the time of filing returns as at that time you will not have to pay anything due to correct TDS deduction.So, before filing such important form keep the below listed things in your mind so that you may live a tax hassle free life.For More Information:- 7 key points which must be known before filling Form 12BB
Are there any chances to fill out the improvement form for 2019 of the RBSE board for 12 class?Hari om, you are asking a question as to : “ Are there any chancesto fill out the improvement form for 2019 of the RBSE Board for 12 class?”. Hari om. Hari om.ANSWER :Browse through the following links for further details regarding the answers to your questions on the improvement exam for class 12 of RBSE 2019 :how to give improvement exams in rbse class 12is there a chance to fill rbse improvement form 2019 for a 12th class studentHari om.
How do I fill out the form of DU CIC? I couldn't find the link to fill out the form.Just register on the admission portal and during registration you will get an option for the entrance based course. Just register there. There is no separate form for DU CIC.
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People also ask
How often is California statement of information due?When is a California Statement of Information Due? In California, the annual filing (Statement of Information) is not due on a specific date. Rather, it must be filed every two-years during a six-month\u201dfiling window\u201d, which is based on the month the LLC was formed.
How often do you file LLC 12?Your first LLC-12 form should be filed 90 days after you submit your Articles of Organization. From there, it's required every other year. \u201cIf the registration occurred in an even-numbered year, the periodic filing is due every even year.
How often does statement of information need to be filed?Limited liability companies must file a complete Statement of Information (Form LLC-12) within the first 90 days of filing the Articles of Organization or Application to Register, after which a Statement of Information is due every two years (every odd year or every even year based on year of initial registration).
Do you have to pay the $800 California LLC fee the first year?All LLCs in California must file Form 3522 and pay the $800 Annual Franchise Tax every year, regardless of revenue or activity. Said another way, there's no way to avoid this fee. The first $800 payment is due the \u201c15th day of the 4th month\u201d after your LLC is approved.
What is an LLC 12?Form LLC-12 helps the state to track changes in addresses, agents, managers, and members of Limited Liability Companies. The form, formerly called LLC-12R, is also known as the Statement of Information, or SOI, form. The California Secretary of State requires all LLCs to submit this form every two years.