| Corporations |
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LLCs |
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| Advantages |
| Profits not subject to Social Security/Medicare Taxes |
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Fewer corporate formalities |
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| Stock holders not liable for corporate debts |
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Personal liability protection |
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| Few taxes on fringe benefits |
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Do not have to hold regular meetings |
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| S Corp avoids double taxation |
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Place membership interests in living trust |
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No ownership restrictions |
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Use cash method of accounting |
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Ability to deduct operating losses |
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Tax flexibility – can be treated as “pass through” |
| Disadvantages |
| Must hold regular meetings of their boards of directors and shareholders along with keeping written minutes of each of the meetings |
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Profits subject to Social Security/Medicare taxes |
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| S Corp cannot have more than 100 stockholders |
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Salaries/profits subject to unemployment taxes |
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| S Corp must have only one class of stock |
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Fringe benefits treated as taxable income |
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| Accrual method of accounting |
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| C Corp gets double taxation |
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| Shares of Stock cannot be held by another corporation or non US citizen. |
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