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Employed Person Side Business Tax Questions

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3. After doing even more research I am now curious about locating my business. Can I locate it in a state I do not reside or work in?
Yes, however the details of doing so depend heavily on the business structure you choose, the type of business activities you will be engaging in and where and a host of other factors. Decide what type of entity you're going to form, advise where the activities of the business take place (i.e. where will production of product occur, where will sales occur) and re-ask the question.
 


FLlaw111

Junior Member
I don't know what structure is best for me.
Operations (research and development) will occur in Chicago, IL. Specifically in my apartment.
Production will likely occur in china as I will be outsourcing it to the cheapest fabrication house that meets the specs.
I suspect sales will occur mostly online. Possibly at tradeshows like Chicago Maker Faire.

My goal is complicated.
I want to minimize my tax burden, I want to invest in a small business, I want to make other investments. At the end of the day, I want to maximize my wealth.

I don't have many expenses, so i'd like to invest without paying tax on it. Wait for the next opportunity to lower my taxes. If I pay tax today and invest the taxed money, the market could go down and now my net worth is down. If I could of atleast stalled the payment of taxes, more would be invested and the total value would be higher.
 
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tranquility

Senior Member
I want to minimize my tax burden, I want to invest in a small business, I want to make other investments. At the end of the day, I want to maximize my wealth.
None of these goals require the use of an entity. Any entity you use will cost in compliance and other costs. Without numbers of expectations, one cannot guess what the best entity would be for tax issues. It seems like there is going to be a majority of the work done by you, so there is not going to be a ton of savings on the SS/MCARE side of things. You can deduct costs against profits in all instances. If a hobby, then you can't take a loss. An entity helps you prove you are doing things in a businesslike manner which would help in the business/hobby argument.

Personally, I think your business plan is not complete enough yet to determine the entity.
 

LdiJ

Senior Member
Ok, to clear up a few things.
1. A small business is an investment with tax benefits for me. That is the purpose, to maximize revenues and minimize wasted expenses ( taxes, permits, transaction costs). Disregard the word hobby, it was said when I was under the impression that a hobby had superior benefits to the small business owner. I am still currently learning small business laws and regulations.

2. I thank you for your concerns, but please do not spend much time on liability issues. It's beyond the scope of the thread and worrying about future lawsuits and fires seems a bit odd considering that a type of form I must fill out to start the business hasn't even been decided.

I want to invest in something with a higher return than an IRA or 10 yr treasury, and I want that investment to be tax deductable.

3. After doing even more research I am now curious about locating my business. Can I locate it in a state I do not reside or work in?
First bolded question...its not going to happen. Initial investments in a company are owner's equity and are not tax deductible, and any profits (return) of the company WILL be taxed...period...end of story. If you are a sole proprietor or any other kind of entity where the income/losses pass through to your individual tax return you would have the benefit of taking any initial losses against other income, but once you make profits, you are going to pay tax...period.

Second bolded question...no, because you will be doing the work where you work and reside, therefore the company will have a presence in the state you work and reside in.
 

FLlaw111

Junior Member
Quick reply!

What do you mean by "numbers of expectations"?

I need to be able to take a loss, so hobby is no good.

What about sole proprietership?

How complete does my business plan have to be? The plan thus far is: Make a prototype, market test it with a kickstarter, hire 3rd parties to optimize it, hire 3rd party to find customers, hire another 3rd to build it, 3rd party logistics to ship it. Finance operations with personal income.

Why does me doing work result in poor SS and Medicare savings? If I hired employees wouldn't I have to pay for half of their ss/med? Don't I have to pay SS/med for my day job regardless of the performance of the company?
 

tranquility

Senior Member
What do you mean by "numbers of expectations"?
There are many things you can expect from the money and effort you put in. To really calculate tax advantages, you need to know exactly what is going on.

How complete does my business plan have to be?
How good do you want the advice to be?

The plan thus far is: Make a prototype, market test it with a kickstarter, hire 3rd parties to optimize it, hire 3rd party to find customers, hire another 3rd to build it, 3rd party logistics to ship it. Finance operations with personal income.
http://www.entrepreneur.com/businessplan/index.html

Why does me doing work result in poor SS and Medicare savings?
Because you will have to pay the tax for those things in SP, S-corp and single member LLC. One way people try to save money is to not pay themselves a salary when they do their work in their S-CORP. This would save on those taxes because the money they receive is a distribution and not subject to those taxes. Here, you would need to pay yourself a reasonable salary. Especially at the beginning, you are not really getting any investment income, so there would be no tax savings.
 
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LdiJ

Senior Member
There are many things you can expect from the money and effort you put in. To really calculate tax advantages, you need to know exactly what is going on.

How good do you want the advice to be?


http://www.entrepreneur.com/businessplan/index.html

Because you will have to pay the tax for those things in SP, S-corp and single member LLC. One way people try to save money is to not pay themselves a salary when they do their work in their S-CORP. This would save on those taxes because the money they receive is a distribution and not subject to those taxes. Here, you would need to pay yourself a reasonable salary. Especially at the beginning, you are not really getting any investment income, so there would be no tax savings.
Tranq, I don't think that you were as clear as you should be here. A shareholder who works within an S-corp is REQUIRED to receive a reasonable salary for the work performed...which means that the S-corp is required to withhold employee shares of SS and medicare taxes and required to pay the employer share of the same. I realize that you said that, but I don't think that the OP would have understood it.
 

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