What’s better for Tax & Investment Purposes? Election of a Partnership or an S-Corp?

April 3, 2017 · Posted in Accounting, Profitability Tips, Tax Planning 

Let’s get QuizziCAL: LLCs and Partnerships

Here’s a stumper for our tax experts!

Your client Esteban, a chef of growing acclaim, recently left New York because he couldn’t stand the thought of a burrito being classified as a sandwich and was forced to pay sales tax on his most notable creation, the Spicy Mayan Lobster Burrito con Mojo. He came to California to be a part of the wildly expanding culinary scene in Los Angeles and plans to open his own restaurant at Row DTLA, an exciting and massive complex in the downtown Arts District. In the meantime, he has met Siouxzi, a creative mixologist who makes an astonishing cranberry lime margarita. The two want to form a business.

Esteban and Siouxzi are trying to decide whether to form as an S corporation or an LLC. They plan to invest $25,000 each, and they believe they will operate at a $75,000 loss per year for the first two years. To cover the losses, the business will have a $100,000 line of credit, which they both must personally guarantee. Under which business structure will Esteban and Siouxzi be able to deduct all of the losses?

Answer:

The should form an LLC, because they will be able to include the loan guarantee as part of their basis; whereas the S corporation basis is limited to their contributions and loans they personally make to the business. For more information,

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