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Old 10-31-2005, 09:30 AM
Phoebe Roberts, EA
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Default Re: LLC Member Employee Question

Dan wrote:

- quote -

> I have read that members of an LLC are not considered
> employees even if they hold an operations job in the LLC.


True, at least for LLCs taxed as disregarded entities or
partnerships.

- quote -

> Thus legally the wages that a member receives from a LLC say
> for being sales manager are not tax deductible in the sense
> of being subtracted from LLC revenue to determine LLC
> profit.


False. In a partnership-LLC, members can take guaranteed
payments, which are deductible at the LLC level. In a
corporation-LLC, members can take true wages, which are
deductible at the LLC level.

- quote -

> But I don't understand why this is so.

Because Congress says so?

Phoebe

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
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Old 10-28-2005, 04:14 AM
Dan
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Posts: n/a
Default LLC Member Employee Question

I have read that members of an LLC are not considered
employees even if they hold an operations job in the LLC.
Thus legally the wages that a member receives from a LLC say
for being sales manager are not tax deductible in the sense
of being subtracted from LLC revenue to determine LLC
profit. But I don't understand why this is so. Is this to
prevent abuse of inflated salaries where the LLC say always
breaks even so the is no profit to be taxed? Please
enlighten me as I am confused.

TIA,
Dan

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 

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employee, llc, member, question
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