Saturday, August 21, 2010

Can I form an LCC with another person, but have control of the finances? I'm the only one putting up money.?

I know this person would not want to be taxed as my employee. Can she be my partner, but not have rights to the business checking account? (Other than of course fully sharing info)?? Also, she has another LLC. Could my LLC simply hire her services as contract labor to avoid any concerns over money? Any suggestions? In a perfect world, you trust a partner. I adore her, but have good reason to not trust her with finances. Thanks!Can I form an LCC with another person, but have control of the finances? I'm the only one putting up money.?
It may depend on your state laws. But here in Missouri, the answer is yes. She can be a partner but not have access to the bank account(s). In that case, you would pay her a percentage of the company's profits. Or if she doesn't want to be a partner, you can hire her as a W2 employee or a 1099 contractor.





Keep in mind though, being a partner won't prevent her from being taxed. She'll still owe self-employment taxes just like if she was a 1099 contractor.





Also, you can't invest money in the LLC and then just give it to her, calling it non-taxable. Any money that a partner receives has to be either a repayment of money they previously invested in the LLC, or a portion of the LLC's income.

No comments:

Post a Comment