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Subject Author Date
LLC and personal filing FSParmer 03-26-2007
Posted by FSParmer on March 26, 2007, 11:16 am
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In February 2006, I and my wife formed an LLC in Texas. We
both are partner and started a business in September 2006.
My wife manages this business while I work for another firm
full time. Normally we file 1040 every year as married
filing jointly.

In the business she has not drawn any salary as we are still not
breaking even in new business. Our payroll is done by payroll company
and has already issues W2 for all employees.

We have not filed any forms such as 8832 with IRS so far.

The following are the questions:
1: What forms do I file for LLC? From turbo tax site, it
appears that we need to file 1065 for LLC
2: Since we have lost money in year 2006. Probably there is
no tax that we have to pay. However, can be use this loss
as deduction for our personal tax filing (in 1040)?
3: If the LLC filing and personal filing (1040) are
independent, where is the connection made? In other words,
if there is a loss how is it carried to 1040?
4: If the loss is not carried to personal filing, is it
offset by only future LLC profit?
5: Finally, what software would you recommend? For last
five years, I have used Taxcut. I have used quickbooks for
accounting for LLC. If Turbotax is recommended, would I need
separate programs for LLC and personal filing or it comes in
one package?

Thanks.
VBP

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Harlan Lunsford on March 27, 2007, 1:02 am
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FSParmer@sbcglobal.net wrote:

> In February 2006, I and my wife formed an LLC in Texas. We
> both are partner and started a business in September 2006.
> My wife manages this business while I work for another firm
> full time. Normally we file 1040 every year as married
> filing jointly.
>
> In the business she has not drawn any salary as we are still not
> breaking even in new business. Our payroll is done by payroll
> company and has already issues W2 for all employees.
>
> We have not filed any forms such as 8832 with IRS so far.
>
> The following are the questions:
> 1: What forms do I file for LLC? From turbo tax site, it
> appears that we need to file 1065 for LLC

Correct. 1065 is the default for an LLC.

> 2: Since we have lost money in year 2006. Probably there is
> no tax that we have to pay. However, can be use this loss
> as deduction for our personal tax filing (in 1040)?

Yes, to the extent you have basis (read "investment") in the
LLC. This amount will show on the schedule K1 from the 1065.

> 3: If the LLC filing and personal filing (1040) are
> independent, where is the connection made? In other words,
> if there is a loss how is it carried to 1040?

Both are required, and see above re the K1.

> 4: If the loss is not carried to personal filing, is it
> offset by only future LLC profit?

If your basis is insufficient to allow any loss on the 1040,
then yes.

> 5: Finally, what software would you recommend? For last
> five years, I have used Taxcut. I have used quickbooks for
> accounting for LLC. If Turbotax is recommended, would I need
> separate programs for LLC and personal filing or it comes in
> one package?

software? The kind a tax accountant will use. In your
particular case, I strongly urge you to avail yourself of
the services of either a CPA (certified public accountant)
or an EA (Enrolled Agent) for at least the first year's LLC
return. If you need recommendations in your area, just let
us know.

ChEAr$,
Harlan Lunsford, EA n LA

note for Benjamin: I try to alternate recommendations,
mentioning EA first one time, then CPA first next time.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Bernard S on March 30, 2007, 4:15 am
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> FSParmer@sbcglobal.net wrote:

>> In February 2006, I and my wife formed an LLC in Texas. We
>> both are partner and started a business in September 2006.
>> My wife manages this business while I work for another firm
>> full time. Normally we file 1040 every year as married
>> filing jointly.
>>
>> In the business she has not drawn any salary as we are still not
>> breaking even in new business. Our payroll is done by payroll
>> company and has already issues W2 for all employees.
>>
>> We have not filed any forms such as 8832 with IRS so far.
>>
>> The following are the questions:
>> 1: What forms do I file for LLC? From turbo tax site, it
>> appears that we need to file 1065 for LLC

> Correct. 1065 is the default for an LLC.

>> 2: Since we have lost money in year 2006. Probably there is
>> no tax that we have to pay. However, can be use this loss
>> as deduction for our personal tax filing (in 1040)?

> Yes, to the extent you have basis (read "investment") in the
> LLC. This amount will show on the schedule K1 from the 1065.

>> 3: If the LLC filing and personal filing (1040) are
>> independent, where is the connection made? In other words,
>> if there is a loss how is it carried to 1040?

> Both are required, and see above re the K1.

>> 4: If the loss is not carried to personal filing, is it
>> offset by only future LLC profit?

> If your basis is insufficient to allow any loss on the 1040,
> then yes.

>> 5: Finally, what software would you recommend? For last
>> five years, I have used Taxcut. I have used quickbooks for
>> accounting for LLC. If Turbotax is recommended, would I need
>> separate programs for LLC and personal filing or it comes in
>> one package?

> software? The kind a tax accountant will use. In your
> particular case, I strongly urge you to avail yourself of
> the services of either a CPA (certified public accountant)
> or an EA (Enrolled Agent) for at least the first year's LLC
> return. If you need recommendations in your area, just let
> us know.

Where does the at risk rules apply to a sole proprietorship
(aka sch C or single member LLC.) Isn't a husband and wife
only LLC effecticely the same as a single member LLC and
thus has no tas consequences.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Katie on March 30, 2007, 11:06 pm
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>> FSPar...@sbcglobal.net wrote:

>>> In February 2006, I and my wife formed an LLC in Texas. We
>>> both are partner and started a business in September 2006.
>>> My wife manages this business while I work for another firm
>>> full time. Normally we file 1040 every year as married
>>> filing jointly.
>>>
>>> In the business she has not drawn any salary as we are still not
>>> breaking even in new business. Our payroll is done by payroll
>>> company and has already issues W2 for all employees.
>>>
>>> We have not filed any forms such as 8832 with IRS so far.
>>>
>>> The following are the questions:
>>> 1: What forms do I file for LLC? From turbo tax site, it
>>> appears that we need to file 1065 for LLC

>> Correct. 1065 is the default for an LLC.

>>> 2: Since we have lost money in year 2006. Probably there is
>>> no tax that we have to pay. However, can be use this loss
>>> as deduction for our personal tax filing (in 1040)?

>> Yes, to the extent you have basis (read "investment") in the
>> LLC. This amount will show on the schedule K1 from the 1065.

>>> 3: If the LLC filing and personal filing (1040) are
>>> independent, where is the connection made? In other words,
>>> if there is a loss how is it carried to 1040?

>> Both are required, and see above re the K1.

>>> 4: If the loss is not carried to personal filing, is it
>>> offset by only future LLC profit?

>> If your basis is insufficient to allow any loss on the 1040,
>> then yes.

>>> 5: Finally, what software would you recommend? For last
>>> five years, I have used Taxcut. I have used quickbooks for
>>> accounting for LLC. If Turbotax is recommended, would I need
>>> separate programs for LLC and personal filing or it comes in
>>> one package?

>> software? The kind a tax accountant will use. In your
>> particular case, I strongly urge you to avail yourself of
>> the services of either a CPA (certified public accountant)
>> or an EA (Enrolled Agent) for at least the first year's LLC
>> return. If you need recommendations in your area, just let
>> us know.

> Where does the at risk rules apply to a sole proprietorship
> (aka sch C or single member LLC.) Isn't a husband and wife
> only LLC effecticely the same as a single member LLC and
> thus has no tas consequences.

There is no entity restriction on the at-risk rules. They
apply to a sole proprietorship just as much as to a
flowthrough entity. It's just less common for a sole
proprietor not to be at risk. Doesn't mean it can't happen.

Katie in San Diego

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Bernard S on April 2, 2007, 6:17 pm
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>>> FSPar...@sbcglobal.net wrote:

>>>> In February 2006, I and my wife formed an LLC in Texas. We
>>>> both are partner and started a business in September 2006.
>>>> My wife manages this business while I work for another firm
>>>> full time. Normally we file 1040 every year as married
>>>> filing jointly.
>>>>
>>>> In the business she has not drawn any salary as we are still not
>>>> breaking even in new business. Our payroll is done by payroll
>>>> company and has already issues W2 for all employees.
>>>>
>>>> We have not filed any forms such as 8832 with IRS so far.
>>>>
>>>> The following are the questions:
>>>> 1: What forms do I file for LLC? From turbo tax site, it
>>>> appears that we need to file 1065 for LLC

>>> Correct. 1065 is the default for an LLC.

>>>> 2: Since we have lost money in year 2006. Probably there is
>>>> no tax that we have to pay. However, can be use this loss
>>>> as deduction for our personal tax filing (in 1040)?

>>> Yes, to the extent you have basis (read "investment") in the
>>> LLC. This amount will show on the schedule K1 from the 1065.

>>>> 3: If the LLC filing and personal filing (1040) are
>>>> independent, where is the connection made? In other words,
>>>> if there is a loss how is it carried to 1040?

>>> Both are required, and see above re the K1.

>>>> 4: If the loss is not carried to personal filing, is it
>>>> offset by only future LLC profit?

>>> If your basis is insufficient to allow any loss on the 1040,
>>> then yes.

>>>> 5: Finally, what software would you recommend? For last
>>>> five years, I have used Taxcut. I have used quickbooks for
>>>> accounting for LLC. If Turbotax is recommended, would I need
>>>> separate programs for LLC and personal filing or it comes in
>>>> one package?

>>> software? The kind a tax accountant will use. In your
>>> particular case, I strongly urge you to avail yourself of
>>> the services of either a CPA (certified public accountant)
>>> or an EA (Enrolled Agent) for at least the first year's LLC
>>> return. If you need recommendations in your area, just let
>>> us know.

>> Where does the at risk rules apply to a sole proprietorship
>> (aka sch C or single member LLC.) Isn't a husband and wife
>> only LLC effecticely the same as a single member LLC and
>> thus has no tas consequences.

> There is no entity restriction on the at-risk rules. They
> apply to a sole proprietorship just as much as to a
> flowthrough entity. It's just less common for a sole
> proprietor not to be at risk. Doesn't mean it can't happen.

You incurred a real losses. You covered such loss with your
own funds or borrowed funds. Your borrowed , aren't you at
risk ubtil repaid.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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