Llc and partnership

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  • jsamans
    replied
    Originally posted by JenMO
    Llc was formed with one member 90%, but contributing all money, and one member 10%. 10% member was named managing member. If llc elects to be taxed as partnership (corp of s corp not desired) can the 10% member draw a w-2 salary from the partnership he is a 10% member of? Or does he take a guaranteed payment instead and pay all of his se taxes himself.
    If 10% is just named managing member, must they elect to be taxed as a partnership?
    Who is the managing member, or even whether there is a managing member, isn't material. A multi-member LLC is taxed as a partnership unless it elects to be taxed as a corporation. If it so elects, it can then elect S-corp taxation.

    Under no circumstances can an LLC member who is taxed as a partnership receive W2 income, because a partner is not an employee; standard compensation comes in the form of a guaranteed payment. As ATSMAN said, if the members want to be employees, the LLC will need to make the elections for corporate and S-corp taxation.

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  • ATSMAN
    replied
    A 10% LLC member can't get a W2 wage from the business. They can take a draw and pay SE on it.

    If they want W2 wages, go sub S.

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  • JenMO
    started a topic Llc and partnership

    Llc and partnership

    Llc was formed with one member 90%, but contributing all money, and one member 10%. 10% member was named managing member. If llc elects to be taxed as partnership (corp of s corp not desired) can the 10% member draw a w-2 salary from the partnership he is a 10% member of? Or does he take a guaranteed payment instead and pay all of his se taxes himself.
    If 10% is just named managing member, must they elect to be taxed as a partnership?
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