Thursday, March 3, 2016

What You must Know about Payroll Taxes Across Different Entities


Every business entity has to meets its payroll tax obligations. If you are an independent contractor you are required to pay self-employment tax as social security and Medicare payroll taxes. Since you would be both the employer and employee, you are required to pay 15.3 percent as a self-employment tax. In other entities, the employer and employee pay an equal share of 7.65% of eligible wages and tax lawyers work with these numbers every day.

Self-employment tax consists of 12.4 percent which is the social security (a failed program which needs to be reformed – the numbers are not working anymore) tax on the first $106,800 of your net income and a Medicare (another federal program that needs work) tax of 2.9% on your net self-employment income. You can reduce self-employment tax by increasing your business-related expenses. Standard or itemized deductions and SEP-IRA or 401(k) contributions will also not reduce your tax liability.

In addition, you need to remember that you need at least 40 Social Security credits over your lifetime to be eligible for retirement benefits so you may need to look at the “Optional Method”, the rules of which are explained in Schedule SE, page 4. This shows you how to increase your self-employment tax in years where you have experienced losses or have made very low income.

Have you seen the movie Dumb and Dumber? There income for many years would be considered very low.

Partnerships

Payroll taxes are in the form of withholding taxes and social security and Medicare taxes. In a partnership, the employer is obligated to deduct these payroll taxes from the employees’ salaries and deposit the amount with the authorized government agency. Social security and Medicare tax of 15.3% is shared equally between the employer and employee of 7.65 percent each. In addition, the employer is required to pay Federal Unemployment Tax (FUT), State Unemployment Tax (SUT), and Federal Income Tax (FIT) and tax attorneys have their calculators ready if there is any issues here.

Most Americans know they pay too many taxes as it is – it is wonderful that the private sector brought us oil shale which has enabled America to challenge OPEC for the first time in decades which has led to lower oil prices for everyone. If the EPA had a chance, the oil shale industry would be shut down and that would less tax revenue for government, fewer jobs, higher gas prices, and a happy OPEC.

Limited Liability Companies

Single-member limited liability companies are required to pay self-employment tax on its profit. The tax is calculated on a Schedule SE tax form. If a single-member LLC engages in passive activities such as real estate investing then the LLC is not liable to pay self-employment tax on its profits. Passive income needs to be reported in Schedule E.

According to tax lawyers, in the case of multiple-member limited liability companies that are treated as partnerships, each partner pays self-employment tax on their share of the profit. Business income needs to be reported on separate Form 1065 partnership tax return while each partner needs to calculate their share of self-employment tax on Schedule SE tax forms along with Form 1040 individual tax returns.
In the case of limited liability companies treated as C corporations, the profits are not subject to self-employment tax but pay payroll taxes on wages paid to members working in the business.

For limited liability companies treated as S corporations, payroll taxes are due on wages paid to the LLC owner who works in the business.

Whatever form of entity you choose, it is critical to fulfill your payroll tax obligations and deposit them on time. Failure to file payroll taxes on time can lead to unnecessary penalties and Wesley Snipes knows all about this. If you have an LLC treated as an S corporation or as a C corporation it is advisable to consult a practitioner such as a CPA or a tax lawyer to help prepare your tax return. If you need legal help though, obviously you need a tax lawyer.

You may want to make that phone call before you realize you must make that phone call.

Dollars, cents, deductions, dates, numbers, and so on – the tax code is not intuitive. No one really gets it. That is not the case with this digital powerhouse of a website Tax.USAttorneys that should win a Nobel Prize for helping to bring sanity to a chaotic world. If you need legal tax help, click away.

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