Legal Question in Tax Law in New Jersey

I am an LLC and it's only owner. I am at a point where I can finally pay myself and I am in the process of getting set up with Quick Books Payroll. I spoke with someone there and they wanted to know if I am set up as an S Corp or a C Corp. The CPA that set up my LLC is not responding. HELP!!!


Asked on 10/12/16, 7:53 am

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Sounds like you are neither and it sounds like you need a new CPA. I can refer you to a good one.

http://www.bizfilings.com/learn/compare-business-types.aspx

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Answered on 10/12/16, 8:00 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Usually, LLCS are disregarded entities for tax purposes. That means you would file a Schedule Cappuccio, not payroll. Please call a good tax and business attorney.

I hope this helps!

Ron Cappuccio

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Answered on 10/12/16, 8:54 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Ron that you are neither, as both C & S Corp refers to corporations, not LLCs. As a 1 man LLC you do not file a separate entity return, as you would if your entity was a corporation or the LLC had 2 or more members (you would then file a return as a partnership), but merely complete Schedule "C" on an individual tax return (Form 1040). While you could pay yourself a salary, as a 1 man LLC you are considered self-employed and the business profits are reported on Schedule "C" as self-employed income and your income taxes and social security/medicare are paid through the return as well. You should be filing quarterly estimated taxes so your taxes are paid at the end of the year. Contact me direrctly if you need more information.

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Answered on 10/12/16, 10:58 am


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