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Posted by privateuly on March 25, 2007, 12:26 pm
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My wife and I (filing jointly) started an LLC (50-50
members) in 2005. That year, the LLC had a loss of $7000.
In the same year, my wife had earned $5000 doing some
consulting work.
I am now reviewing the 2005 return that our (ex-) accountant
did, and I realized that in calculating the Self-Employment
tax, he had calculated as the income the $5000 consulting
income minus half of the loss from the LLC ($3500), giving
an income basis of $1500. In other words, he had ignored my
share of the LLC loss eventhough my wife and I filed
jointly.
Is this right? Should we have been entitled to deduct the
full amount of LLC loss which would give us 0 income basis
for the purpose of the self-employment tax calculation?
Thanks in advance!
Uly
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Posted by Frederick Lorca on March 26, 2007, 11:35 am
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> I am now reviewing the 2005 return that our (ex-) accountant
> did, and I realized that in calculating the Self-Employment
> tax, he had calculated as the income the $5000 consulting
> income minus half of the loss from the LLC ($3500), giving
> an income basis of $1500. In other words, he had ignored my
> share of the LLC loss eventhough my wife and I filed
> jointly.
>
> Is this right?
Yes.
> Should we have been entitled to deduct the full amount of
> LLC loss which would give us 0 income basis for the
> purpose of the self-employment tax calculation?
The full loss is deductible against your joint income for
income tax purposes. For SE tax purposes, each respective
spouse's loss is used to determine his and her net SE income
for SE tax purposes.
Frederick Lorca
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<< 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. >>
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<< to this newsgroup as well as our anti-spamming policy >>
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Posted by Rod on March 26, 2007, 11:35 am
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> My wife and I (filing jointly) started an LLC (50-50
> members) in 2005. That year, the LLC had a loss of $7000.
> In the same year, my wife had earned $5000 doing some
> consulting work.
>
> I am now reviewing the 2005 return that our (ex-) accountant
> did, and I realized that in calculating the Self-Employment
> tax, he had calculated as the income the $5000 consulting
> income minus half of the loss from the LLC ($3500), giving
> an income basis of $1500. In other words, he had ignored my
> share of the LLC loss eventhough my wife and I filed
> jointly.
>
> Is this right? Should we have been entitled to deduct the
> full amount of LLC loss which would give us 0 income basis
> for the purpose of the self-employment tax calculation?
SE is person specific
he was right
<< ======================================================= >>
<< 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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Posted by Mark Bole on March 26, 2007, 11:35 am
Please log in for more thread options privateuly@gmail.com wrote:
> My wife and I (filing jointly) started an LLC (50-50
> members) in 2005. That year, the LLC had a loss of $7000.
> In the same year, my wife had earned $5000 doing some
> consulting work.
>
> I am now reviewing the 2005 return that our (ex-) accountant
> did, and I realized that in calculating the Self-Employment
> tax, he had calculated as the income the $5000 consulting
> income minus half of the loss from the LLC ($3500), giving
> an income basis of $1500. In other words, he had ignored my
> share of the LLC loss eventhough my wife and I filed
> jointly.
>
> Is this right? Should we have been entitled to deduct the
> full amount of LLC loss which would give us 0 income basis
> for the purpose of the self-employment tax calculation?
Yes, that is right, self-employment tax is never "joint",
even on a joint return (same for wage earners -- even if one
reaches the max income for Soc Sec, the other is still
taxable). You had no earned income from business activity
subject to self-employment tax, however your spouse did.
This would be more clear if done correctly: in a
non-community property state, you and your wife would be
considered partners and should be filing a partnership
return, in a community property state you are each allowed
to file your own Schedule(s) C if you jointly operate a
business(es). Either way, the self-employment tax would be
individually calculated for each of you.
-Mark Bole
<< ======================================================= >>
<< 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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Posted by Benjamin Yazersky CPA on March 26, 2007, 11:35 am
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> My wife and I (filing jointly) started an LLC (50-50
> members) in 2005. That year, the LLC had a loss of $7000.
> In the same year, my wife had earned $5000 doing some
> consulting work.
>
> I am now reviewing the 2005 return that our (ex-) accountant
> did, and I realized that in calculating the Self-Employment
> tax, he had calculated as the income the $5000 consulting
> income minus half of the loss from the LLC ($3500), giving
> an income basis of $1500. In other words, he had ignored my
> share of the LLC loss eventhough my wife and I filed
> jointly.
>
> Is this right? Should we have been entitled to deduct the
> full amount of LLC loss which would give us 0 income basis
> for the purpose of the self-employment tax calculation?
on the surface, the 2005 seems correct
se tax is on an individual, not both h&w
___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----
<< ======================================================= >>
<< 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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