Llc Salary Vs Distribution

State:
Multi-State
Control #:
US-226LLC
Format:
Word; 
Rich Text
Instant download

Description

The document titled Resolution Setting Officer Salary outlines the process for determining and recording the salary of an officer within an LLC. It specifies the yearly gross salary, the individual to be appointed, and the necessary signatures for validation by members of the company. Key features of this form include clear, structured sections for entering details such as the salary amount and officer's name, ensuring compliance with the operating agreement and state law. Users will need to fill in specific names and values in designated areas, with instructions to keep records of the resolution process. This form is particularly useful for attorneys, partners, and owners who require formal documentation of officer salaries to prevent disputes and clarify financial responsibilities. Additionally, it serves as a resource for associates, paralegals, and legal assistants who assist in corporate governance and compliance, ensuring that proper procedures are followed in salary determination. Overall, this document is an essential part of maintaining accurate records and organizational structure within an LLC.

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FAQ

An LLC Distribution is when Members (owners) of an LLC take money out of the LLC bank account and issue profits to themselves. Instead of receiving income in the form of a W2 salary (aka wages), the LLC Members ?pay themselves? via LLC Distributions.

In short, "owner's draw" is the term used for business structures that have individual or split ownership (as in a sole proprietorship or partnership), while "distribution" is the term used for cash distributions made to owners of a corporation.

A reasonable salary is a must Evading taxes by disguising your salary as a distribution could get you serious penalties, on top of a big back-tax bill, if an IRS audit recharacterizes your S corporation income as salary. You could pay tax penalties of up to 100%, plus negligence penalties.

If you own an S-Corp, the ideal tax situation is to pay yourself $0 salary and the remaining balance in distribution. This avoids paying the 15.3% in self-employment taxes. However, you are still liable to pay state income tax, federal income tax, franchise tax, etc.

By default, LLC profits are split ing to ownership percentage?if you own 50% of the LLC, you get 50% of the profits. However, you can override your state's default requirements for splitting LLC profits by making another arrangement in your operating agreement.

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Llc Salary Vs Distribution