Recap of Benefits with Multiple Entities
Table Of Contents
By Jason Watson, CPA
Posted Friday, October 20, 2023
Alright… we just explored some of the pains in the butts with a multi-entity structure. Let’s recap the benefits so you can value-assess the pros and cons.
Eat What You Kill
Some people soften this phrase to Eat What You Hunt. It makes no difference to us… the end result is the same. Someone’s eating, right? You want to ensure your efforts are rewarded appropriately however that is defined or calculated. A multi-entity arrangement allows for that while keeping your ownership percentage static. As mentioned previously, you can make tweaks with shareholder salaries to equalize or to provide an equitable outcome. Unfortunately, salaries can only do minor equalization tweaks without paying too much in Social Security and Medicare taxes.
Expenses and Fringe Benefits
You and your partner want to buy automobiles. Great! How much are we spending? Perhaps you want a small economic sedan and your partner wants the latest Ford-a-saurus. Sure, you could put a limit on the purchase amount where anything above that the partner or owner has to pay for separately. But what about maintenance? Or finance charges? Or registration fees? These additional expenses might be contingent on value.
Aside from automobiles, there are other fringe benefits that might be challenging. Partner A wants to insure his whole family. Partner B doesn’t need insurance. Partner A wants to buy a work laptop for home. Partner B already has a home setup. The list goes on and on, like a Journey song.
Having a multi-entity structure keeps fringe benefits from becoming political hot potatoes around the office.
Reimbursements
Along the lines of fringe benefits comes reimbursements, and specifically Accountable Plan reimbursements (which we discuss in detail in a later chapter). Let’s say your home office is 250 square feet and your home is 2,500 square feet. That is 10% business use. But your partner lives in an apartment, and her business use percentage is 25%. But! You have a mortgage and property taxes, whereas your partner pays rent. How do we keep that equitable? Tough!
Similar to automobiles, we can establish a not-to-exceed reimbursement limit but doesn’t that hose the owner who has more expenses? It certainly does.
Office Politics
You fly first class and your partner slums it in economy. You want a new computer and your partner thinks a 486 is still the best. And if you know what a 486 is then you are certainly a product of the 90s. A multi-entity structure doesn’t necessarily solve all office politics, but it takes away some of the sting since you can spend what you want and get the maximum tax benefit without being crimped by your partner.
Apportionment
As mentioned earlier, if your business activities including the locations of the owners span multiple states, a multi-entity arrangement will allow for less state scrutiny. Yes, you will pay your fair share of income taxes to each state that you have nexus in, but the states will have limited visibility into your world without requesting an audit. Why give them something to bother themselves with unnecessarily?
We expand on this next.
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Taxpayers Guide to LLCs and S Corps
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- Basic Business Entities
- Sole Proprietorship
- Single Member Limited Liability Company
- Multi-Member Limited Liability Company
- Partnerships
- Being Considered a Passive Business Owner
- Rental Partnerships
- C Corporations
- Personal Service Corporation
- Professional Corporations and LLCs
- S Corporations
- Section 199A Qualified Business Income Tax Deduction
- S Corp Versus LLC
- LLC Popularity (Hype)
- Formation of an LLC or S Corp
- Nevada Fallacy of an LLC (or Delaware or Wyoming!)
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- Your Spouse as a Partner (Happy Happy Joy Joy)
- Family Partners
- Real Estate Holding Company and Operating Company
- Parent-Child Arrangement (Income Flows "Up")
- Parent-Child Arrangement (Income Flows "Down")
- Multi-Member LLC That Issues Invoices
- Things to Work Through with Multiple Entities
- Recap of Benefits with Multiple Entities
- State Apportionment with Multiple Entities
- California Multi-Member LLC S Corp Twist
- C Corporation as Mothership
- Holding Company versus Management Company
- Pure LLC Holding Company
- Economic versus Equity Interests
- Structuring Deals with Angel Investors
- ESOPs and S Corporations
- Another Employee Ownership Situation
- Medical C Corp
- Fleischer Tax Court Case
- Joint Ventures
- Loans or Capital Injections
- Using a Self-Directed IRA to Buy a Rental, Start A Business
- Operating Agreements
- Exit Plans, Business Succession
- Liability Protection Fallacy of an LLC
- Charging Orders
- Using a Trust in Your Formation Considerations
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- Avoiding or Reducing Self-Employment SE Taxes
- Tax Savings with Health Insurance
- S Corp Hard Money Facts, Net Savings
- Ancillary Benefits with S Corporations
- Officer Compensation with Solo 401k Plan Deferral
- W-2 Converted to 1099
- Net Investment Income, Medicare Surtax and S Corps
- Being a Passive Business Owner
- Three Types of Income
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- Chapter 4 Introduction
- Additional Accounting Costs
- Additional Payroll Taxes
- SEP IRA Limitations
- Trapped Assets
- Distributing Profits, Multiple Owners
- Other W-2 Income
- State Business Taxes (Not Just Income Taxes)
- Deducting Losses, Trapped Cash
- Distributions in Excess of Shareholder Basis
- Stock Classes
- Vesting and Expanding Ownership
- Bad Loans to the S Corp
- Social Security Basis
- Payroll Taxes on Children
- C Corp to S Corp Problems
- Going Concern
- Recap of S Corp Downsides
- Growing Business, Debt Service
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- Chapter 5 Intro
- Chapter 5 Disclaimer
- Wayfair Case Part 1
- Nexus Theory
- Constitutional and Legislative Standards
- Sales and Use Tax, Income Tax
- Physical and Economic Presence, Nexus Attached
- Wayfair Case Part 2
- Services and Tangible Personal Property (TPP)
- Costs of Performance, Market-Based Approach
- Allocation and Throwback
- FBA, Drop Shipments, Trailing Nexus Revisited
- Recap of State Tax Issues
- State Tax Issues and Nexus
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- Formation (Election) of an S-Corp
- Electing S-Corp Filing Status, Retroactive for 2025
- Another Option, Dormant S Corp
- Missing Payroll, Now What
- Mid-Year Payroll
- Nuts and Bolts of the S Corp Election
- Ineffective S Corp Elections
- S Corp Equity Section
- Terminating S Corp Election
- Distributed Assets
- 5 Year Rule
- Life Cycle of an S Corporation
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- Section 199A S Corp Considerations
- Calculating the Qualified Business Income Deduction
- Section 199A Defining Terms
- Specified Service Trade or Business (SSTB) Definitions
- Trade or Business of Performing Services as an Employee
- Services or Property Provided to an SSTB
- Section 199A Deduction Decision Tree
- Section 199A Reasonable Compensation
- Section 199A Pass-Thru Salary Optimization
- Cost of Increasing Shareholder Salary
- Negative Qualified Business Income
- Section 199A Rental Property Deduction
- Qualified Property Anti-Abuse
- Aggregation of Multiple Businesses
- Section 199A W-2 Safe Harbors
- Additional Section 199A Reporting on K-1
- Converting Employees to Contractors and Anti-Abuse
- Section 199A Frequently Asked Questions
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- S Corp Section 199A Deduction Examples
- Section 199A Side by Side Comparisons
- Section 199A Basic Comparisons
- Section 199A Health Insurance Comparison
- Section 199A 200k Comparison
- Section 199A 250k Comparison
- Section 199A Specified Service Business Comparison Part 1
- Section 199A Specified Service Business Comparison Part 2
- Section 199A Phaseout
- Section 199A Recap
- Section 199A Actual Tax Returns Comparison
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- Chapter 9 Introduction
- IRS S Corp Stats
- Reasonable S Corp Salary Theory
- IRS Revenue Rulings and Fact Sheet 2008-25
- Tax Court Cases for Reasonable Salary
- Risk Analysis to Reasonable Shareholder Salary
- Reasonable Salary Labor Data
- Assembled Workforce or Developed Process Effect
- RCReports
- W-2 Converted to 1099 Reasonable Salary
- S Corp Salary Starting Point
- Multiple Shareholders Payroll Split
- Additional S Corp Salary Considerations
- Reasonable Salary Recap
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- Chapter 10 Introduction
- Costs of Operating an S Corp
- New S Corp Puppy, What Do I Do Now
- Accounting Method
- 1099-NEC Issued to Your SSN
- Take Money Out of the S Corp
- Processing S Corp Payroll
- Minimum Payroll with December Bonus
- Taking Shareholder Distributions
- Reclassify Shareholder Distributions
- Shareholder Distributions as Reimbursements
- Accountable Plan Expense Reimbursements
- Accountable Plan Requirements
- S Corp Tax Return Preparation
- Distributions in Excess of Basis
- Minimize Tax or Maximize Value (Economic Benefit)
- Tracking Fringe Benefits
- Other Tricks of the Trade with S Corps
- Adding Your Spouse to Payroll
- Chap 10 - Comingling of Money
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- Chapter 11 Introduction
- Four Basics to Warm Up To
- Section 199A Deductions – Pass Through Tax Breaks
- 185 Business Deductions You Cannot Take
- Depreciation
- Small Business Tax Deductions Themes
- Value of a Business Tax Deduction
- Deductions the IRS Cannot Stand
- Automobiles and LLCs, S Corps
- Business Owned Automobile
- Section 179 and Bonus Depreciation
- You Own the Automobile, Get Reimbursed By The Mile
- You Own the Automobile, Take Mileage Deduction
- You Own the Automobile, Lease Back to Your Company
- Automobile Decision Tree
- Home Office Deduction
- Tax-Free Rental of Your Home
- Tax Home
- Business Travel Deduction
- Deducting Business Meals
- Sutter Rule
- Cohan Rule
- Capital Leases versus Operating Leases
- Putting Your Kids on the Payroll
- Educational Assistance with an S-Corp - Section 127
- Summary of Small Business Tax Deductions
- Business Tax Return Preparation
- Comingling of Money
- Reducing Taxes
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- Retirement Planning Within Your Small Business
- Self Employed Retirement Plan Basics
- Retirement Questions to Ask
- Tax Savings and Deferrals
- Using a 401k in Your Small Business Retirement Options
- The Owners-Only 401k Plan
- Having Staff with a Solo 401k Plan
- Self-Directed 401k Plans
- Company-Sponsored 401k Plan
- 401k Plan Safe Harbor Provision
- Roth 401k Plans
- Roth 401k Versus Traditional 401k Considerations
- Two 401k Plans
- Rolling Old 401k Plans or IRAs into Your Small Business 401k Plan
- 401k Loans and Life Insurance
- 401k Plans and Roth IRA Conversions
- Turbo Charged 401k Plans
- SIMPLE 401k
- SEP IRA
- SEP IRA, Roth IRAs and the Roth Conversion
- Controlled Groups
- Owner Only 401k Plans in MMLLC Environment
- Spousal Attribution and Controlled Groups
- Non-Qualified Deferred Compensation Plan
- Exotic Stuff
- Expatriates or Expat Tax Deferral Planning
- Small Business Retirement Planning Recap
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- Disclosure and Updates
- Gaming the HSA System
- Health Savings Accounts (HSAs)
- Health Care Summary
- Long-Term Care
- Multiple Employees
- One Person Show or Husband-Wife Team, S Corporation
- Section 105 Health Reimbursement Arrangement (HRA)
- Section 125 Cafeteria Plans and Flex Spending (FSA)
- Sole Proprietors and Single Member LLCs
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