LLC w S election FUTA

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  • ralphbama
    Junior Member
    • May 2009
    • 2

    #1

    LLC w S election FUTA

    Futa and Unemployment factors for an LLC taxed as a S corp. Both Kansas and MI state that they do not collect unemployment and the owners are not allowed to draw unemployment. How is Futa Affected? Please give me some of your experiences.
  • zeros
    Senior Member
    • Dec 2006
    • 921

    #2
    Interesting Question

    I believe its the same problem in Minnesota. An owner cannot draw unemployment, neither does he have to pay in. However, if he doesn't pay in then he pays a larger FUTA tax. Ordinarily you get a credit of your state taxes against FUTA. If you don't pay in, the FUTA tax is much larger. This is as I understand it. Maybe others know more.

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    • Nashville
      Senior Member
      • Nov 2007
      • 1129

      #3
      Corporation is Separate Entity

      From what you say, it might depend on the state. From your handle, it may appear you are one of those Crimson Tide people.

      I don't think any state will allow you to pay unemployment premiums on a spouse or child if you are a proprietorship. The state has to weigh the upside of collecting premiums versus the likelihood of having to pay out unemployment benefits. I believe the experience is different if the employer is a corporation. My state (TN) requires unemployment to be paid on every corporate employee, even 100% owners and their families. For proprietorships, owners and families are exempt.

      I believe the FUTA people follow the same guidelines. Taxable under FUTA if the employee is a corporation, exempt if a partnership or proprietorship. Maximum effect per employee is $56 per year.

      By the way, looks like this is your first post. Welcome!! We do our best to answer questions and have just a bit of fun too.

      Comment

      • ChEAr$
        Senior Member
        • Dec 2005
        • 3872

        #4
        Futa

        Originally posted by ralphbama
        Futa and Unemployment factors for an LLC taxed as a S corp. Both Kansas and MI state that they do not collect unemployment and the owners are not allowed to draw unemployment. How is Futa Affected? Please give me some of your experiences.
        If the owner(s) is/are drawing salary, then that salary is subject to FUTA, whether or not
        a state subjects said salary to SUTA or not. Whether or not such an owner (for example
        myself as sole shareholder/general manager/president/employee of an S corp) can collect
        unemployment should i suddenly declare myself redundant doesn't matter. My salary is
        still subject to Alabama unemploymen tax up to the first $8,000 per annum.
        ChEAr$,
        Harlan Lunsford, EA n LA

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