Attorneys at Law Licensed in Nebraska, Iowa and Michigan

Business Taxation

S corporation Under-compensation

The IRS continues to attack S corporation distributions as a method of avoiding payment of employment taxes and has been successful in a recent case.  The IRS succeeded in reclassifying distributions as salary resulting in underpayment by the corporation of employment taxes.  See Watson, P.C. v U.S. 109 AFTR 2d.   © 2012 Parsonage Vandenack… Read More »

LLC Owned by Married Couple Generally Not Treated as Disregarded Entity

If an LLC is owned solely by a married couple who file their taxes jointly, the question may arise whether the husband and wife can be counted as one member allowing the company to be treated as a disregarded entity?  This would be beneficial because it would eliminate the need for separate federal and state… Read More »

What is a Disregarded Entity?

If you have formed a limited liability company (“LLC”) by yourself, you may have heard it referred to as a “disregarded entity.”  A disregarded entity is the default tax classification for a single-member LLC.   Disregarded entities are generally treated as nonexistent for tax purposes.  That is, all income, deductions, gains, losses, and credits are… Read More »

Benefits of Making an S Corporation Election

In an S Corporation, all income and losses are divided and passed through to its shareholders.  The shareholders then report the income or loss of the corporation on their own individual income tax returns.  A corporation can elect to be treated as an S Corporation by filing Form 2553.  Eligibility restrictions to make the election… Read More »