LLC or Sole Proprietor or S Corp?

Discussion in 'Trucker Taxes and Truck Financing' started by pixturlicious, Apr 26, 2012.

  1. pixturlicious

    pixturlicious Light Load Member

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    Can someone tell me which is better for an owner operator to be? And for taxes and social security? Do you have to pay in Social Security if you are an LLC? What is the best for an owner operator driving 2 rounds a week to Michigan from Minnesota
     
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  3. revelation1911

    revelation1911 Heavy Load Member

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    Sole proprietor if you just doing one or a few trucks. No real protections for a small business owner in the llC or s corp. As your income grows then it can be useful, one truck lots easier filing as a sole proprietor.
     
  4. pixturlicious

    pixturlicious Light Load Member

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    Okay I see what you are saying, but I am already making alot of money. Also I have only one truck as you stated. So its still best as sole proprietor?
     
  5. mnmover

    mnmover Road Train Member

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    You can be a LLC, but then file your taxes as a sole propietor. The IRS does not recognize a LLC. But there is some benefit to the LLC tax wise, but not as far as the liability issues. After you are sucessful, paying taxes on 70,000 or more, then you can file for an S-Corp, and if you get relly good at it, the IRS will tell you when to change to a C-CORP. DO NOT fall for the ads incororate in Nevada or Delaware etc. If you incorporate in another state, then you have to register in your home state as a foreign corporation. When you start as a S-Corp, then you have to pay yourself as a driver in a payroll situation, but as a sole propietor you don't have to do a payroll.
     
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  6. pixturlicious

    pixturlicious Light Load Member

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    Forgot to say--Thank you for your response, it is appreciated!
     
  7. pixturlicious

    pixturlicious Light Load Member

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    Well actually the situation is this, I became an owner operator around August of last year. At that time I became a Sole Proprietor, and since then I have had some owner operators tell me that it is a better choice to be LLC or S Corp, and that I would not have to pay Social Security, etc....is this the case? Should I be switching from Sole Proprietor? My income is over $200,000.00
     
  8. MNdriver

    MNdriver Road Train Member

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    you pay social security, you just pay it as a "self-employed" tax.

    Your Gross income is over $200K? There's a big difference there.
     
  9. revelation1911

    revelation1911 Heavy Load Member

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    seems like a lot of taxable income for one truck?
    I waNT TO HAUL THAT TO.
     
    MNdriver Thanks this.
  10. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    If you are a single-member LLC, you are essentially a "disregarded entity" for tax purposes and you file as though you are a sole proprietor. Essentially, to add up all of your revenue, subtract all of your deductions, and what is left is your income. You pay the self-employment tax (social security & medicare) on all of your income.

    If you are an S-corp or C-corp, you pay yourself a salary. You pay social security and medicare taxes on the amount you pay yourself...along with the personal income taxes on that amount (minus whatever you can personally deduct). Then, the corporation files it's taxes, based upon the revenues minus the business deductions. What is left is the profit (taxed at the corporate rate), and then you can pay yourself dividends from what's left of that profit....which is taxed again on your personal taxes at the capital gains rate. However, you do not pay social security and medicare taxes on this money.

    The current tax system is definitely screwed up....but nobody seems to be willing to make any meaningful changes to it in order to simplify they system.
     
  11. pixturlicious

    pixturlicious Light Load Member

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    I have a 1099 that shows over $200k is what I was saying. Gross income yes. And from what I have read here, I should stay as a sole proprietor because the IRS does not recognize LLC for tax purposes. This would be the only reason I would change it I believe. Just needed the opinion of other owner operators and I am finally getting on estimated payments finally and I know a guy that had to pay alot in Social security taxes because he was sole proprietor, or so this is how he explained it. I am assuming he did not file for a while and did not know what he was talking about between LLC and Sole Proprietorship, etc....This concerned me of course and I am looking for more information
     
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