If Patty’s catering company was an S Corp, she would figure out a reasonable compensation for the work she does and pay herself a salary. To not raise any red flags with the IRS, her salary should be similar to what people in similar positions at other businesses earn. A partner’s equity balance is increased by capital contributions and business profits and reduced by partner (owner) draws and business losses. As the sole proprietor, you’re entitled to as much of your company’s money as you want.
Sole proprietorships, partnerships, and LLCs not taxed as an S corporation should use the net income of the business as their payroll amount. Owners of an S corp will use their regular salary, excluding salary vs owners draw shareholder distributions, to calculate payroll. This is different from a sole proprietorship, where all net profit is reported and taxed as personal income on the owner’s income tax return.
This is unlike the case of an employee who is paid a salary via a payroll service that deducts employment taxes automatically. Since you are considered self-employed, you do not receive a salary as an employee. Furthermore, it also states the percentage of the company’s earnings that each member would receive and when such distributions of profits need to be made. Rather, the business owner reveals his business profits on his return.
However, there are other factors to consider, such as how you’ll be taxed. C-Corp and S-Corp business owners who are actively running the business must pay themselves a salary. S-Corp business owners can also take draws, but not in place of a reasonable salary. The legal structure of your business is the starting point for the entire payroll process. While other factors also affect your choice between taking a salary or an owner’s draw (e.g. business performance, personal needs, etc), your business’s legal structure is the biggest one.
If you’re a service provider, you’ll work with clients as a 1099 employee, also known as an independent contractor. Clients pay you for services, and they don’t pay any taxes on your behalf (the way an employer would). If you set up your business as an LLC, so there’s a separate legal entity, you can elect with the IRS to be taxed differently, too.
Partners cannot legally pay themselves a W-2 salary; instead, if you have a multi-member LLC, they must use an owner’s draw when taking money from the business. Most businesses opt to be recognized as sole proprietorships because it’s the easiest and most affordable type of business to set up. In a proprietorship, you and you alone are the business owner, so you are legally recognized as one and the same entity. All profit goes to you as the sole proprietor, but you are also personally liable for any losses.
However, the challenge that you face is how to pay yourself as a business owner. There are various factors that you should consider while deciding how to pay yourself. Instead, each partner has a share in the earnings generated based on the percentage of share stated in the partnership agreement. Accordingly, you will be considered as an employee of your single-member LLC and may have to pay yourself a salary in place of a draw. So, as a single owner of the LLC, you are required to report the LLC income on your tax return. For example, if Patty wishes to be paid $75,000 from her business, she might take $50,000 as a salary and distributions of $25,000.