The answer is to list your spouse in the shareholder section, but note that he or she is not a shareholder. As you list all of the owners and their information, do include your spouse in the list, and do get his or her signature.
The advantage to filing as a Subchapter S corporation is that the couple will often save money on the self-employment tax and pay no corporate income tax. Instead, taxes are passed through to the couple's individual tax return.
In your S corporation, your spouse is not a regular employee to whom you can provide all fringe benefits tax-free while deducting those expenses on your tax return.
One person can form an S corporation, while in a few states at least two people are required to form an LLC. Existence is perpetual for S corporations. Conversely, LLCs typically have limited life spans. The stock of S corporations is freely transferable, while the interest (ownership) of LLCs is not.
If you have an S corp, then probably the most relevant IRS regulation for you is that if you're a shareholder-employee, you must pay yourself a “reasonable” salary.
Who pays more taxes, an LLC or S Corp? Typically, an LLC taxed as a sole proprietorship pays more taxes and S Corp tax status means paying less in taxes. By default, an LLC pays taxes as a sole proprietorship, which includes self-employment tax on your total profits.
As an S-Corp owner, you can elect to hire your spouse to perform certain duties for the company. Hiring and paying your spouse may increase potential fringe benefits and provide tax advantages.. Adding your spouse to payroll could increase potential fringe benefits.
Hiring your spouse can result in substantial tax savings, but only if you pay your spouse solely, or mainly, with tax-free employee fringe benefits instead of taxable wages. The IRS doesn't require you to pay your spouse any W-2 wages.
How does it work? To enable a spouse or partner to benefit from the dividend splitting technique, they must be a shareholder of the limited company. This simply means that they should own a percentage of the shares in the limited company.
Contact your secretary of state's office in your state to obtain the application. Submit the application, along with the filing fee and new Articles of Incorporation. Wait to hear from the secretary of state's office to formally accept the amended Articles of Incorporation and, thus, your new partner.
The first option—and the one that will likely save you the most in taxes—is to run the business as a sole proprietorship and hire your spouse as your employee. If married and you are the only person who manages and controls the business, you can operate as a proprietorship.
If you decide to put your spouse on the payroll as an employee, you must treat him or her as an employee in every way: Give your spouse a title and an appropriate salary for that title. Have your spouse complete all the required new hire forms and payroll authorizations, the same as any other new employee.
S corporation owners who perform more than just minor work for the business typically need to be on the payroll because they must pay themselves a reasonable salary.
Unless you live in a community property state, you won't be considered a sole proprietor when your spouse is a co-owner in your business. Instead, your business is treated as a partnership, which requires a separate annual tax filing.
If your LLC has one owner, you're a single member limited liability company (SMLLC). If you are married, you and your spouse are considered one owner and can elect to be treated as an SMLLC.
The straightforward answer is no: You are not required to name your spouse anywhere in the LLC documents, especially if they aren't directly involved in the business.
Both spouses carrying on the trade or business
The provision generally permits a qualified joint venture whose only members are a married couple filing a joint return not to be treated as a partnership for Federal tax purposes.
S-corporations can provide health insurance as a tax-free benefit to their non-owner employees. This means the company offers group health insurance to employees and deducts the cost as a business expense, paying no taxes on the insurance premiums.
By Stephen Fishman, J.D. An S corporation (also called a Subchapter S corporation) is a small corporation that has elected to be taxed much the same as a partnership by the IRS. An S corporation is a pass-through entity—income and losses pass through the corporation to the owners' personal tax returns.
Disadvantages of S corporation types include legal barriers that prevent them from having more than 100 owners or having shareholders that are non-U.S. persons. S corporations are also handicapped by requirements to hold annual meetings and appoint a board of directors.
The S Corp advantage is that you only pay FICA payroll tax on your employment wages. The remaining profits from your S Corp are not subject to self-employment tax or FICA payroll taxes. Those profits are only subject to income tax.
A corporation cannot pay an employee's mortgage as a fringe benefit because it is not a typical business deduction the employee would incur on his own, according to the IRS.
Business owners may qualify to claim the home office deduction if they have their own business and use a portion of their home as their principle place of business. The S corporation can pay you rent for the home office.