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Taxes For Self-employment and Payroll

FAS CPA & Consultants

What should I do at the tax level, if I transfer all or part of my company money to my personal account and use that account for personal and company payments?

There is a belief that because you are the owner of the company you do not need payroll and that is completely incorrect for a simple reason, whenever there is a company either LLC or S corporation, the IRS will always expect that you report payments, there is a line in the tax return that it’s used to report salaries from the owners or shareholders and if that bow is empty the IRS is going to audit, that’s why it is extremely important that you get payroll and pay yourself. This is the first line of defense to avoid any auditing from the IRS, especially with S corporation because they didn’t pay their own salary and now, they are being audited.

 

So, if you own an S corporation and are a single member make sure that you get payroll and pay yourself at least once a month otherwise the IRS is going to come after you if that box is empty. Now for the LLC with one single member, there is a principle that if you make money you have to pay taxes, that is why every person that works in a dependency relationship with a company will always have a payroll and that will mean deduction and withholding of income tax, social security and Medicare and with those 3 withholdings means that you are paying in advance our taxes since they are being deducted, as they are deducted the IRS is expecting that companies and self-employed people pay in advance but usually that never happens. So if you are self-employed and you don’t have payroll you are supposed to pay taxes quarterly, the problem is that becomes difficult because you have to calculate taxes that you have pay, second you have to send the check to the IRS or pay online so it’s not automatic and when things are not automatic because you have to think and execute and that is painful.

 

So instead of having that pain you can set up payroll and have life automated. Second line of defense is setting up automatic payroll especially if you are a self-employed individual or you own an LLC with a single member. Now if you use the money from the company to transfer to your personal account to pay for company expenses, that is also incorrect because you cannot mingle the company funds with the personal funds. You never have to transfer the company money to your personal account unless it’s distribution or reimbursement because if you do that you are exposing yourself to being audited by the IRS and they will claim all that money that you transferred to your personal account since that will be income and all that is going to be taxable, this is the third line of defense from the IRS, do not transfer company money to your personal bank account because all the money is going to be considered income if the IRS comes to audit you. If you want to transfer company money to yours, get a payroll, it’s the easy way.

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What is the self-employment tax?

15.62% in addition of the regular income tax and the problem comes from people who do not have payroll, tax payers who do not have payroll and are self-employed or even if they own a company and don’t have payroll at the end of the year any money that they receive from the company is going to be considered income and the company must give them a 1099 form and over the income that they report on the tax return as income, the IRS is going to assess a 15.62% additional tax. Income tax can go from 10% to 35% but that’s on the income, self-employment tax is social security tax and Medicare tax, it is for people that are employed by themselves and don’t have a payroll and they are supposed to pay a self-employment tax additional to cover for not having payroll because payroll obligates them to pay the self-employment tax in advance. That self-employment tax is going to be imposed on every taxpayer who works by themselves and do not report payroll, when employees have payroll, the company pays half of the 15.62% and the other half is paid by the individual. However, if you are a self-employed individual you will have to pay the full 15.52%.

 

As a business owner, when is it convenient to declare as a self-employment tax or use payroll?

As I said before it is always better to declare or report payroll to avoid the 3 lines the IRS might get you. You must report that you pay yourself in the company report, second always have a payroll to avoid penalties from the IRS and third is do not mingle the company money with the personal funds, get a payroll.

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Who should I include in my company’s payroll?

Whoever has a dependent relationship with the company, there is this doubt that what is the correct classification, if you are an employee or a contractor. People always ask that they have a company but don’t have payroll and don’t pay himself and gives their employees a 1099 form, but this is completely incorrect. If the IRS audits you, they can come after you and you will then have to pay the taxes you owe to the employees who are not being classified correctly as employees and the penalties.

 

The two problems that you have if you have a company and don’t have payroll and work by yourself you have one problem and three possibilities of being audited but if you have employees and don’t have payroll you have another problem for each employee besides the 3 possibilities of being audited.  So, every employee that you have are you are not classifying them as an employee and you pay them with a 1099 form and don’t have payroll, the IRS is going to come after you. So, the distinction of an employee and a contractor, it’s very simple. When you go to a tailor the tailor will do the work after a week and that will be a contractor because you don’t control his time and can’t tell them what to do. But if you have another person and you tell them what to do and how to execute their job and control their time that’s an employee so does not risk your business to the IRS. Classify your employees correctly and you will save an IRS audit.

 

Readers should note that this article is only intended to convey general information on these issues and that FAS CPA & Consultants (FAS) in no way intends for the contents of this article to be construed as accounting, business, financial, investment, legal, tax, or other professional advice or services.  This article cannot serve as a substitute for such professional services or advice.  Any decision or action that may affect the reader’s business should not rely solely on the contents of this article, but should rather be consulted on with a qualified professional adviser. FAS shall not be responsible for any loss sustained by any person who relies on this presentation.  This article is subject to change at any time and for any reason.

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