I have not seen this topic discussed by the IRS, corporations and any scholars for that matter. I am currently developing this idea into what i hope will be a Pulitzer submission.
As we all know by doing research – Tax laws were written primarily to tax those who owned land, and businesses. Most of the employees did not get taxed until later when the IRS and Government grew larger because of the services they provide to the public. Instead of keeping the same structure in tax laws – they changed them into two sets of standards. One for Business and one for Individuals. However they differ so much. Most laws are written to protect and benefit businesses especially in employment. The tax laws also are written to benefit businesses not individuals.
So why not demand corporations accept contracts by all individuals who work in the corporate arena as LLCs so they can benefit from the tax laws [ operating expense deductions , ie - fuel, mileage, rent, utilities, mortgage, food, etc,] as business do, since – people who work do have operating expenses which takes away from their NET just like business are able to write off their operating expenses which subtract from their NET..Those who work in the services industry, like fast food, restaurants, and other jobs would have to structure those positions which allow for LLC employees. Those considered laborers etc..would be covered under the company and all taxes etc…be paid as in the original tax code by the business…when it first started…
My primary reasoning for this is – Business complain they have to pay employee [ taxes, benefits, IRA's etc.] and it costs them too much money. They also use this to thwart paying you more money as an employee eventhough in the end they take a good majority off their taxes. If individuals worked as an LLC – this would reduce corporates expenditures, and increase employees pay. It would also allow indivisuals to claim the write off of operating expenses not provided by the Corporation thus decreasing their taxable income [NET] and give them more money in their pockets each year. People who work as an LLC will have specific employment contracts, will be protected by the laws of business – which in fact are written better than employment laws…and puts more faith and competetiveness back into the system. Sure there will be more paper work on the LLC – however, once you get everything you need automated on a PC its a peice of cake. But look at the operating expenses you can write off.
The IRS still gets their tax base, corporations reduce tax liabilities and expenses – employees become operators of business entities which are more intuned to the laws of corporations. It will allow them more protections, both ways for corporations and LLC..
This would exclude those who work in Public Sector employment as they are not private entities and the laws apply to those government entities much differently.
And to address those who have never operated as an LLC..I currently am an LLC single member business owner and I have worked as an employee then changed to an LLC while working for the same employer…Let me make this clear before some of you make the mistake of saying it doesnt change anything…
Yes it DOES change how you are paid [ the amount] and how you file taxes. Once i started a LLC i was able to negotiate higher pay, like ,000 dollars more, and also got the write offs. Operating as a sole proprietor is not an LLC…Sole proprietor offers you no protections under business law or personal law and exposes you as just an employee…There is no difference between working as an employee or sole proprietor as they are the same…
An LLC offers you protection while working personally as you are not using your social security number, you will use your business tax ID instead for all transactions…All accounts, bills, everything is done under a Business Tax ID not SS#…
I thnk people are missing the point here – I am not running a shabbing business LLC nor am i working loopholes to circumvent the tax laws. What i am saying it – working as an LLC not as an employee for a company DOES in fact offer you better protection under the law and provides you better tax advantages. 1. you have a contract with the company, 2. You can negotiate higher wages. 3. You can deduct expenses like mortgage, rent, {percentages of use for business} fuel, and or mileage depending on your contract, 4. You can deduct the benefits you pay out for yourself, etc. All of them legal under an LLC. 5. Yes your tax is more, but is done pass through and you can get unemployment benefits from the state because you pay into it…if you lose your contracts. Health insurance everything can be paid by the LCC and deducted. Eventhough your tax rate is higher – in the end you make more because of legal write offs. Your net is still better than if you were an employee under corporate law.
Also – concerning taxes Employee versus LLC…As an employee you are taxed based on your Gross income – in a business you are taxed based on your net after expenses…So there is a huge difference in taxes and money…Business deductions are greater and based on NET versus individual deductions which are less and based on GROSS…plus you dont have to pay taxes twice under an LLC…
Please dont confuse being a Sole Proprietor with any of this as it doesnt apply…Sole proprietor does nothing for you as a person, business etc..
Sure as an LLC you must separate personal versus business expenses – but thats not hard to do…Just keep logs, all receipts, etc…on the PC. using quickbooks or Microsoft Accounting…The latter is the better…
Also find yourself a good business accounting lawyer who can easily set up everything for you…
It crazy what people dont know about how business laws and taxes really work. I think everyone needs to go buy a book on LLCs and read it…