query: Is ScholarShare a legitimate entity for a 529 plan in California?

positive: To mhoran's point, yes, the company, TIAA-CREF is valid. I'd focus on the expenses -   Their S&P fund (Index US Large Cap Equity Portfolio) shows a .11% total fee. You might choose this one, or others, but this number looks great to me. We are in an investment world where fees are still often over 1%, and we are conditioned to think anything less is a good fee. For me, the goal is less than .25% in your retirement fund, college savings, etc.

positive: For a parent deciding on contributing to a 529 plan the first consideration is the plan run by the state government that will trigger a state income tax deduction. You do have to at least look at the annual fees for the program before jumping into the state program, but for many people the state program offers the best deal because of the state tax deduction. Unfortunately for you California does not offer a state tax deduction for 529 plan contributions. Which means that you can pick another states program if the fees are more reasonable or if the investing options are better. You can even select a nationwide plan unaffiliated with a state. Scholarshare is run by TIAA-CREF. TIAA-CREF is a large company that runs pension and 403(b) funds for many state and local governments. Many teacher unions use them.  They are legitimately authorized by the state of California: The ScholarShare Investment Board sets investment policies and   oversees all activities of ScholarShare, the state’s 529 college   investment plan. The program enables Californians to save for college   by putting money in tax-advantaged investments. After-tax   contributions allow earnings to grow tax-deferred, and disbursements,   when used for tuition and other qualified expenses, are federal and   state tax-free. The ScholarShare Plan is managed by TIAA-CREF Tuition   Financing, Inc. The ScholarShare Investment Board also oversees the Governor’s   Scholarship Programs and California Memorial Scholarship Program. note: before picking a plan from another state make sure that they allow outside contributions.

negative: 529 plans.  They accumulate earnings over time and by the time your child goes to college you will be able to withdraw funds for college TAX FREE.  The best part about 529s is that there are several different options you can choose from, and you aren't limited to the plans sponsored by your state, you can use whichever plan works best for you.  For example, I live in South Carolina and use Utah's Educational Savings Plan because it has no minimum amount to open one up and it has low fees.  Hope this helped. Good luck with your search!

negative: "I'm in a similar situation. First, a 529 plan can be use for ""qualifying"" international schools.  There are 336 for 2015, which includes many well known schools but also excludes many schools, especially lower level or vocational schools and schools in non-English speaking countries. I ran 3 scenarios to see what the impact would be if you invested $3000 a year for 14 years in something tracking the S&P 500 Index: For each of these scenarios, I considered 3 cases: a state with 0% income tax, a state with the median income tax rate of 6% for the 25% tax bracket, and California with an income tax rate of 9.3% for the 25% tax bracket. California has an addition 2.5% penalty on unqualified distributions.  Additionally, tax deductions taken on contributions that are part of unqualified distributions will be viewed as income and that portion of the distribution will be taxed as such at the state level. Vanguard's 500 Index Portfolio has a 10 year average return of 7.63%.  Vanguard's S&P 500 Index fund has a 10 year average return of 7.89% before tax and 7.53% after taxes on distributions. Use a 529 as intended: Use a 529 but do not use as intended: Invest in a S&P 500 Index fund in a taxable account: Given similar investment options, using a 529 fund for something other than education is much worse than having an investment in a mutual fund in a taxable account, but there's also a clear advantage to using a 529 if you know with certainty you can use it for qualified expenses.  Both the benefits for correct use of a 529 and the penalties for incorrect use increase with state tax rates. I live in a state with no income tax so the taxable mutual fund option is closer to the middle between correct and incorrect use of a 529.  I am leaning towards the investment in a taxable account."

negative: 529 Plans must be sponsored by a state.  There are sometimes several plans sponsored by a state, but the trick is picking the plan with the lowest costs, just like any investment account. Clark Howard has a nice guide and recommendations for picking 529 plans.  If you live in a state on his honor roll, invest in that state plan for extra tax benefits.  If you don't, invest in one of his dean's list plans. You may invest in any plan from any state you like.  You can buy the plan directly without the expense of a broker.  Put the plan in your name and name the student as a beneficiary, do NOT put the plan in the student's name.  This will help out when it comes time to apply for financial aid.

negative: "The 529 plan does outline your scenarios. There are stipulations for providing the funds should the child get the scholarship. If the child decides not to go into further education (vocational and community schools count), the money can be withdrawn with a 10% penalty and taxes paid on interest earnings. Taxes wouldn't have to be paid for contributions as taxes were already paid on that money by the gift giver. The 529 could also be transferred to another child in the family (including grandchildren).  Here's an excerpt from www.savingforcollege.com: You'll never lose all of your savings. A 529 plan offers tax-free earnings and tax-free withdrawals as long as the money is used to pay   for college. If you end up taking a non-qualified withdrawal, you'll   incur income tax as well as a 10% penalty - but only on the earnings   portion of the withdrawal. Since your contributions were made with   after-tax money, they will never be taxed or penalized. You can avoid the penalty if you get a scholarship. There are a few special exceptions to the 10% penalty rule, including when the   beneficiary becomes incapacitated, attends a U.S. Military Academy or   gets a scholarship. In the case of a scholarship, non-qualified   withdrawals up to the amount of the tax-free scholarship can be taken   out penalty-free, but you'll have to pay income tax on the earnings.   As Savingforcollege.com founder Joe Hurley likes to say, ""the   scholarships have turned your tax-free 529 investment into a   tax-deferred 529 investment"". Note, a 529 is ideal for the sum of money you are looking at. A proper trust, set up by a lawyer, will cost as much as $2000 to set up, and would require an annual tax return, both unnecessary burdens. To make matters worse, the trust counts as the child's asset where financial aid is concerned. The 529 counts, but to a much lesser extent."

negative: You can take the money back out of a 529 plan if you end up not having enough educational expenses to use it on. The penalty is 10% of the earnings (you don't pay a penalty on the principal). You can also open a 529 in any state, not just the one where you reside. The minimums and fund selection for each state can vary widely, so it makes sense to look around and see if there's a state with a fund selection you like.

negative: The initial beneficiary of 529 plan can be virtually anyone you choose--even yourself.   529 deductions are not deductible from federal taxes.  You have about a 60% chance of living in a state that allows you to deduct contributions to your state's plan from your state taxes.   I'd be more specific, but your profile is pretty much empty and there's no location info to assist me in determining if this applies to you or not. if that does apply I'm pretty sure it's limited to earned income, so you get little benefit from depositing the loans, and it generally only applies to YOUR state's plan. The major benefits to 529 plans are that the money grows tax free, and withdrawals are not subject to taxes.  However if you are not investing long term, then it's pretty hard to gain much from those benefits. Since you have such a short time horizon, you'll want to make sure the plan investments are directed to very low risk vehicles like a money market fund. One of the better sources for 528 info is www.savingforcollege.com

negative: Why would someone invest in other instruments (e.g. stocks) to pay for   childrens' college education when the capital gains on those are   taxed, unlike a home equity loan? Many tax advantageous vehicles exist for the purpose of saving for college education such as 529 plans, Roth IRAs, Series EE and I bonds. Tax and penalty free distributions from a portfolio of stocks is possible if the distributions are for qualified education expenses and the account is in the form of a Roth IRA.  A house is collateral for a home equity line of credit.  A combination of unfortunate events could cause someone to default on the loan and loose their residence. Also, the tax advantages of 529 plans, and Roth IRAs are not applicable to purchase a motor boat.  With respect, some people like to leave the home equity loan untapped for other uses. More Details: 529 plans are not taxed by on the Federal level when the withdraws are used for college.  In many states, contributions to state sponsored 529 plans are deductible on the state level.  These are not self directed so you can't trade stocks/bonds in a 529 plan, however, certain plans allow you to lock in the rate you pay for credit at today's prices. If you want a self directed (ability to trade stocks/bonds) vehicle with tax free disbursements for qualified education, consider a Roth IRA. There are yearly contribution limits, and penalty if the proceeds are not used for qualified educational expenses. Also I believe interest revenue from Series EE and I bonds is tax free if the bond is used for education. There are special conditions and situations to 529 plans, Roth IRAs, Series EE and I bonds, the purpose of this answer was to expand upon the tax advantageous vehicles for higher education.

negative: California is very aggressive when it comes to determining residency. While you have a legitimate defense, I suggest talking with a California-licensed CPA or EA practicing in California, which are experienced in dealing with the FTB residency audits.

negative: 529 Plans vs Coverdell ESA is a question where I provided a brief answer of the difference of these two accounts.  For your situation, I'd add that the 529 offers you a layer of protection, in that the account can remain your property with the children as beneficiaries. In other words, should your brother's fortunes change, or should the kids get full scholarships, you can change the beneficiary back to yourself, and withdraw the money (Tax and penalty, but the money is still yours.) Welcome to Money.SE. If you would like any clarification on my answer or others as they appear, just comment.

negative: "given your time frame I'm not sure if investing in a 529 is your best option. If you're investing in a 529 you may have to deal with market volatility and the amount you invest over the course of three years could be worth less than what you had initially invested when it comes to your child's college education. The main idea of starting a plan like a 529 is the time-frame for your investments to grow. You also have the option of ""pre-paying"" your child's college, but that has restrictions. Most of the state sponsored pre-pay plans limit you to state schools if that wasn't obvious. Also, the current political situation is tricky, and may influence the cost of education in ~3-4 years, but I'm not sure this is the proper place for that discussion. Also, as far as the viability of these, it depends state-by-state. I live in Illinois and don't think I would count on a payout given our current financial situation. You could, however, look into paying tuition now for a state school and it will be risk free in terms of inflation, but again, it's hard to anticipate the political scope of this. They also have private pre-pay plans, but that would limit your child's university options just as the state pre-pay. Check out this investopedia article on 529 plans, it's basic but will give you a high level overview. Bankrate has an overview as well."

negative: First, can I even roll any my profits into a 529 plan to avoid taxes. No. 529 plans are not pre-tax (except for State taxes in certain States, where 529 contributions are deductible. Ohio is such a State, with certain conditions). For Federal taxes - funding a 529 with yourself as a beneficiary doesn't change a thing on your taxes. Is there any special requirements for the state of Ohio. Yes, see the link above. Essentially you'll be carrying the deduction forward for years until you exhaust it, $2000 at a time. Is there a better solution that I am overlooking. No. If it was easy to avoid income taxes - everyone would be doing it.

negative: Some states will give you a tax deduction for 529 contributions. This will allow some tax savings for money that spends a minimum amount of time in the account.  Yes you have missed the best benefit, the tax free growth, but there might be an opportunity for some growth. The child's expenses beyond tuition can be covered by 529 plan. It can even cover room and board if they are living in the dorms, off campus apartment, or even at home. Each University through their financial aid office will calculate the total cost of attendance for each student type. Before doing this you need to look at several things:

negative: For the requirement for risk free and hassle free account a CD or money market account through your local bank, credit union, or even large online bank will be fine. These funds won't grow very fast over time but they are safe and insured. These types of accounts are perfect for all the miscellaneous birthday, Holiday and religious event checks. There is not a requirement that the money be in a UGMA (Uniform Gifts to Minors Act) account. Putting it in a UGMA account does make it hard for the parents to spend. The IRS does allow the child to have earnings from banks without the formality of a UGMA. The money shouldn't be moved between the parent's and child's account but it is possible for the parents to spend the child's money if times are tight and the money is used for items that benefit the child. If there is a reasonable assumption of college then the 529 plan makes a lot of sense. The prepaid tuition options would be risky because they tend to be tied to a single state, and who knows where they will be living in 10 to 15 years. The 529 does focus the money to be used for educational expenses, but it can be used for non-educational expenses if you are willing to pay the taxes and penalties. It can also be transferred to another child later, or even other family members. In my state the 529 plan doesn't have to be used right after high school graduation. It can be used up to 30 years after graduation. So they can decide a few years later that they want to go back to school.

negative: "Create one account.   You can change the beneficiary of the plan (even to nephews, nieces, yourself or your wife) as many times as you need so long as you are spending the money on valid educational expenses. Are you 100% sure both of your kids are going to college?  If you aren't really 100% sure, a single account that you can move between them is the best bet. Also, having recently looked in 529 plans, here are some things you have probably already thought about. Look up good 529 plans here: http://www.clarkhoward.com/news/education/preparing-for-college/clarks-529-guide/nFZS/ EDIT: I don't think you can worry about fairly dividing the money up.  I can see your wanting to be fair but what is more important, school or fairly dividing the money?   A 529 is money only for school.  Assuming your kids aren't the same age and won't go to the same school, their expenses will likely be different.  The younger kid will benefit from more interest from a longer investment, but suffer from having higher costs. So if you want to insure both kids got $50K (for example) from you by the time it is all said and done, I think you would have to make that up from your own pocket.  If only one child goes to school, any money you give the other for starting their own business couldn't come from the 529 without big tax penalties. Depending on your position and finances you could state something like ""I will cover your college expenses up to $50K"" and then that is that.  Just monitor your 529 and shoot for having $100K in the account by the time they are both college age.  That runs a risk though, because if one child doesn't go to school your money is locked up for a while or will have tax issues."

negative: A UTMA may or may not fit your situation. The main drawbacks to a UTMA account is that it will count against your child for financial aid (it counts as the child's asset). The second thing to consider is that taxes aren't deferred like in a 529 plan. The last problem of course is that when he turns 18 he gets control of the account and can spend the money on random junk (which may or may not be important to you). A 529 plan has a few advantages over a UTMA account. The grandparents can open the account with your son as the beneficiary and the money doesn't show up on financial aid for college (under current law which could change of course). Earnings grow tax free which will net you more total growth. You can also contribute substantially more without triggering the gift tax ~$60k. Also many states provide a state tax break for contributing to the state sponsored 529 plan. The account owner would be the grandparents so junior can't spend the money on teenage junk. The big downside to the 529 is the 10% penalty if the money isn't used for higher education. The flip side is that if the money is left for 20 years you will also have additional growth from the 20 years of tax free growth which may be a wash depending on your tax bracket and the tax rates in effect over those 20 years.

negative: A 529 plan is set up in a specific beneficiary's name but the money can be rolled over or transferred into another 529 plan in the same beneficiary's name, or the beneficiary can be changed by the owner of the account.  I mistakenly believed that the new beneficiary could be anyone else, but as mhoran_psprep has  pointed out in the comment below, the new beneficiary must be related to  the previous one in specific ways as detailed in Publication 970 2011, Tax Benefits for Education in order for the change to occur without any tax consequences.  So my original statement that distributions can be used for anyone's educational expense without tax consequences was incorrect; if the new beneficiary is not related to the original beneficiary, tax consequences will indeed occur.  Note also that unlike IRAs where the entire amount can be withdrawn by the owner without incurring a 10% penalty after a certain period or after reaching a certain age, distributions from a 529 plan for nonqualified expenses (including as a special case a withdrawal of funds by the owner) will incur the 10% penalty tax regardless of when this occurs. The problem with UGMA accounts is that you have to turn the money over to the beneficiary when that beneficiary becomes an adult (18 years old in most cases) regardless of your current opinion of that beneficiary, and the beneficiary is free to use the money to buy a motorcycle with it if she chooses instead of using it for her education.  In this sense, I agree with mhoran_psprep's answer that it is best to put away the money in an ordinary account without seeking tax benefits, and deal with the matter as you see fit when the niece is filling out her college paperwork.

negative: There are two types of 529 programs.  One where you put money aside each month. The one offered by your state may give you a tax break on you deposits. You can pick the one from any state, if you like their options better. During the next 18 years the focus the investment changes from risky to less risky to no risk. This happens automatically. The money can be used for tuition, room, board, books, fees. The 2nd type of 529 is also offered by a state but it is geared for a big lump sum payment when the child is young. This will cover full tuition and fees (not room and board, or books) at a state school. The deal is not as great if they child wants to go out of state, or you move, or they want to go to a private school. You don't lose everything, but you will have to make up the shortfall at the last minute. There are provisions for scholarship money. If you kid goes to West Point you haven't wasted the money in the 529. The money in either plan is ignored while calculating financial aid. Other options such as the Coverdell Education Savings account also exist. But they don't have the options and state tax breaks. Accounts in the child's name can impact the amount of financial aid offered, plus they could decide to spend the money on a car. The automatic investment shift for most of the state 529 plans does cover your question of how much risk to take. There are also ways to transfer the money to other siblings if one decides not to go to college. Keep in mind that the funds don't have to be spent as soon as they turn 18, they can wait a few years before enrolling in college.

negative: A 529 plan! The savings can only be used for education purposes, but you can use them for ANYONE and even change the beneficiary.  Distributions are tax free, and contributions are usually state tax free.

negative: Please either remove the $50 going to the 529 plan or move it into a ROTH IRA instead. You can always use your ROTH contributions to pay for college expenses in the future if you want to. I suspect you may not have enough saved up for retirement to have the luxury to help with college though.

negative: This depends in part on who officially owns the account. Federally, 529 plan contributions are not tax-deductible, regardless of ownership.  Anyone can contribute to a 529 plan, though; the earnings of the 529 plan are tax-deferred and are tax-free if they are used for qualified educational expenses. In the state of New York, the account owner is entitled to deduct up to 10,000 (Married filing jointly) from their state taxes; however, that's limited to the account owner only.  If they're not in the state of New York, they may be able to have similar benefits from their home state; check their rules. You may have multiple accounts for one child, though, so if you and they both want to contribute for your child, that's perfectly fine. The limits are at the taxpayer level, so you can deduct $10k for all contributions to all children's accounts in sum (5k per kid if you have 2, and want to contribute equally, for example), but they can do the same. Gift tax is the other relevant thing to consider.  You can contribute $14k per year without either paying gift tax or adding it to the lifetime maximum (which is currently $1.5MM, but could change at any time either up or down).  You can also make a one-time contribution of 70k (5 years' worth) and have that amount exempt as if it were contributed over five years. For more information on all of this, see the New York 529 Page for more details.

negative: When I think of the loopholes that the richest of the rich exploit to get out of paying taxes, this article does seem kind of pointless.  Why attack the 529 plan?  It would be better to attack the expense of the education and the need for the plan in the first place.  Upper middle classers shouldn't have to give a second thought to how much it will cost to send their kids to university, unless it is a private school.  30 years ago it cost 350 bucks for a semester.  Now it is 10k or more.  We all see that this is ridiculous, but it goes on and on.  Rents have doubled or even tripled in the last 7 years and this is normal?

negative: One big advantage that the 529 plan has is that most operate like a target date fund. As the child approaches college age the investment becomes more conservative. While you can do this by changing the mix of investments, you can't do it without capital gains taxes. Many of the issues you are concerned about are addressed: they are usable by other family members, they don't hurt financial aid offers, they address scholarships, they can be used for books or room and board.  Many states also give you a tax break in the year of the contribution.

negative: Yes, maybe.  The 529 is pretty cool in that you can open an account for yourself, and change the beneficiary as you wish, or not. In theory, one can start a 529 for children or grandchildren yet unborn.  Back to you - a 529 is not deductible on your federal return. It grows tax deferred, and tax free if used for approved education. Some states offer deductions depending on the state. There is a list of states that offer such a deduction.

negative: You get to put money away with special tax incentives (ie - no or less taxes to pay)  They are state sponsored and therefore pretty reliable, but some states are better than others. Like with many of these tax incentive type accounts (FSA, Dependent Care Spending Accounts) they are use it or lose it.  (In a 529, use it or transfer it).  So the money put away is a sunk cost towards education and cannot be repurposed for something else should your kid not want to attend school. http://money.howstuffworks.com/personal-finance/financial-planning/529.htm

negative: Michigan's 529 plan offers a wide variety of investment options, ranging from a very conservative guaranteed investment option (currently earning 1.75% interest) to a variety of index-based funds, most of which are considered aggressive.   You said that you are unhappy with the 5% you have earned the past year, and that you thought you should be able to get 8% elsewhere.  But according to your comment, you have 30% of your money earning a fixed 1.75% rate, and another 40% of your money invested in one of the moderate balanced options (which includes both stocks and bonds).  You've only got 30% invested in the more aggressive investments that you seem to be looking for.  If you want to be invested more agressively (which is reasonable, since your daughter won't need this money for many years), you can select more aggressive investments inside the 529. Michigan's 529 offers you the ability to deduct up to $10,000 (if you are married filing jointly) of contributions off your Michigan state income tax each year.  In addition, the earnings inside the 529 are federally tax-free if the money is spent on college education.

negative: Look at your options with a 529 program. If the money is used for education expenses: that currently includes tuition, room & board (even if living off campus), books, transportation; it grows tax free. Earnings are not subject to federal tax and generally not subject to   state tax when used for the qualified education expenses of the   designated beneficiary, such as tuition, fees, books, as well as room   and board. Contributions to a 529 plan, however, are not deductible. If it is a 529 associated with your state you can also save on state taxes. You can make contributions on a regular basis, or ad hoc. Accounts can even be setup by other relatives. I have used a 529 to fund two kids education. It takes care of most of your education expenses.  529 programs are available from most states, and even some of the big mutual fund companies. Many have the option of shifting the risk level of the investments to be more conservative as the kids hit high school.  Some states have an option to have you pay  a large sum when the child is small to buy semesters of college. The deal is worth considering if you know they will be going to a state school, the deal is less good if they will go out of state or to a private college.  The IRS does limit the maximum amount that you can contribute in a year an amount that exceeds the 14,000 annual gift limit: If in 2014, you contributed more than $14,000 to a Qualified Tuition   Plan (QTP) on behalf of any one person, you may elect to treat up to   $70,000 of the contribution for that person as if you had made it   ratably over a 5-year period. The election allows you to apply the   annual exclusion to a portion of the contribution in each of the 5   years, beginning in 2014. You can make this election for as many   separate people as you made QTP contributions One option at the end is to take any extra money at graduation and give it to the child so that it can be used for graduate school, or if the taxes and penalties are paid it can be used for that first car. It can even be rolled over to another relative.

negative: In the united states qualified institutions of higher education should give the student a 1098-t. This form breaks down all money received/billed  and for tuition and scholarships. It would not include items such as books and room and board. The 1098 would constitute proof of attendance and proof of expenses. If a 529 plan was used to pay for part or all of the tuition it should also be sent to you or the student depending on where the funds were sent. If the student can't find the 1098-t it is likely that the college had an electronic copy sent to the students official email, or it can be downloaded from the student's account where tuition bills care paid.  Note: a confusing part of the 1098-T is that many universities include the spring semester numbers in the form for the previous year.   For Example: The 1098-T will tell you if they have done that.

negative: Have you looked at 529 plan yet? There are tax benefits with it and you can roll over the remaining funds from your first child's account into your second child's, etc. Read this article to get yourself up to speed for this plan. Coverdell Education Savings Account is another plan you can look at. The Wikipedia article talks about the similarities and differences, so I won't repeat here.

negative: One other advantage of a 529 versus a simple investment account (like an UGMA/UTMA) is that the treatment for the purposes of financial aid is more advantageous (FinAid.org). Even if it is a custodial account (in which the student is both the owner and beneficiary), it is treated as a parental asset when completing the FAFSA. That means the amount that will be considered available each year towards the Estimated Family Contribution (EFC) will be greatly reduced. To be sure, this does not help with all colleges (often ones that use the CSS/PROFILE in addition to the FAFSA). Some will simply assume that 25% of the 529 will be used each year.

negative: 529 is good.  Though, I would avoid other kinds of investments in kids names and or setting up accounts that are too complex or difficult to use as college costs will come in may aspects starting application fees and travel expenses when looking for college as well as housing and allowance spending.

negative: From Kiplinger: Can the money be used at a foreign   college? You can use the money at   hundreds of foreign colleges,   including the University of Toronto,   McGill in Montreal and many other   Canadian schools. If U.S. students at   the school qualify for federal   financial aid, you can use 529-plan or   ESA money to pay the bills without   worrying that you'll lose any of the   tax benefits.

negative: Plus you already have money in a 529 plan that is meant for college expenses (and cannot be used to pay student loans) - use that money for what it's for. I disagree with @DStanley, as a current college student I would say to take out loans. Most of the time I am against loans though.  So WHY? There are very few times you will receive loans at 0% interest (for 4+ years). You have money saved currently, but you do not know what the future entails. If you expend all of your money on tuition and your car breaks down, what do you do? You can not used student loans to pay for your broken car.Student loans, as long as they are subsidized, serve as a wonderful risk buffer. You can pay off your loans with summer internships and retain the initial cash you had for additional activities that make college enjoyable, i.e - Fraternity/ Sorority, clubs, dinners, and social nights. Another benefit to taking these loans would assist in building credit, with an additional caveat being to get a credit card. In general, debt/loans/credit cards are non-beneficial. But, you have to establish debt to allow others to know that you can repay. Establishing this credit rating earlier than later is critical to cheaper interest rates on (say) a mortgage.  You have made it through, you have watched your expenses, and you can pay your debt. Finish It. If you do it right, you will not have loans when you graduate, you will have a stunning credit rating, and you will have enjoyed college to its fullest potential (remember, you only really go through it once.) But this is contingent on:  Good luck,  EDIT: I did not realize the implication of this penalty which made me edit the line above to include: (to the extent you can per year) For now, student loan repayment isn't considered a qualified educational expense. This means that if you withdraw from a 529 to pay your debts, you may be subject to income taxes and penalties.Source Furthermore,  Currently, taxpayers who use 529 plan money for anything other than qualified education expenses are subject to a 10% federal tax penalty. Source My advice with this new knowledge, save your 529 if you plan on continuing higher education at a more prestigious school. If you do not, use it later in your undergraduate years.


query: What is a reasonable salary for the owner and sole member of a small S-Corp?

positive: "The answer depends on this: If you had to hire someone to do what you are doing in the S-corp, what would you pay them?  If you are doing semi-unskilled work part-time, then $20k might be reasonable.  If you are a professional working full time, it's too low.  Don't forget that, in addition to ""billable"" work, you are also doing office tasks, such as invoicing and bookkeeping, that the IRS will also want to see you getting paid for. There was an important court ruling on this subject recently: Watson v. Commissioner.  Watson owned an S-Corp where he was the sole employee.  The S-Corp itself was a 25% owner in a very successful accounting firm that Watson worked through.  All of the revenue that Watson generated at the accounting firm was paid to the S-Corp, which then paid Watson through salary and distributions.  Watson was paying himself $24k a year in salary and taking over $175k a year in distributions.  For comparison, even first-year accountants at the firm were making more than $24k a year in salary.  The IRS determined that this salary amount was too low.  To determine an appropriate amount for Watson's salary, the IRS did a study of the salaries of peers in firms of the same size as the firm Watson was working with, taking into account that owners of firms earn a higher salary than non-owners.  The number that the IRS arrived at was $93k.  Watson was allowed to take the rest ($80k+ each year) as distributions. Again, this number was based on a study of the salaries of peers.  It was far short of the $200k+ that the S-Corp was pulling in from the accounting firm.  Clearly, Watson was paying himself far too low of a salary.  But even at this extreme example, where Watson's S-Corp was directly getting all of its revenue from one accounting firm in which Watson was an owner, the IRS still did not conclude that all of the revenue should have been salary and subject to payroll taxes. You should ask an accountant or attorney for advice.  They can help you determine an appropriate amount for your salary.  Don't be afraid of an audit, but make sure that you can defend your choices if you do get audited. If your choices are based on professional advice, that will help your case.  See these articles for more information:"

positive: "Generally if you're a sole S-Corp employee - it is hard to explain how the S-Corp earned more money than your work is worth. So it is reasonable that all the S-Corp profits would be pouring into your salary. Especially when the amounts are below the FICA SS limits when separating salary and distributions are a clear sign of FICA tax evasion. So while it is hard to say if you're going to be subject to audit, my bet is that if you are - the IRS will claim that you underpaid yourself. One of the more recent cases dealing with this issue is Watson v Commissioner. In this case, Watson (through his S-Corp which he solely owned) received distributions from a company in the amounts of ~400K. He drew 24K as salary, and the rest as distributions. The IRS forced re-characterizing distributions into salary up to 93K (the then-SS portion of the FICA limit), and the courts affirmed. Worth noting, that Watson didn't do all the work himself, and that was the reason that some of the income was allowed to be considered distribution. That wouldn't hold in a case where the sole shareholder was the only revenue producer, and that is exactly my point. I feel that it is important to add another paragraph about Nolo, newspaper articles, and charlatans on the Internet. YOU CANNOT RELY ON THEM. You cannot defend your position against IRS by saying ""But the article on Nolo said I can not pay SE taxes on my earnings!"", you cannot say ""Some guy called littleadv lost an argument with some other guy called Ben Miller because Ben Miller was saying what everyone wants to hear"", and you can definitely not say ""But I don't want to pay taxes!"". There's law, there are legal precedents. When some guy on the Internet tells you exactly what you want to hear - beware. Many times when it is too good to be true - it is in fact not true. Many these articles are written by people who are interested in clients/business. By the time you get to them - you're already in deep trouble and will pay them to fix it. They don't care that their own ""advice"" got you into that trouble, because it is always written in generic enough terms that they can say ""Oh, but it doesn't apply to your specific situation"". That's the main problem with these free advice - they are worth exactly what you paid for them. When you actually pay your CPA/Attorney - they'll have to take responsibility over their advice. Then suddenly they become cautious. Suddenly they start mentioning precedents and rulings telling you to not do things. Or not, and try and play the audit roulette, but these types are long gone when you get caught."

positive: You can get audited for anything Business owners are more likely to get audited than people filing 1040-EZ's for their simplistic income tax obligation. According to HR Block I hope you enjoy the process where you explain the source of your earnings

negative: "S-Corp are taxed very different. Unlike LLC where you just add the profit to your income with S-Corp you have to pay yourself a ""reasonable"" salary (on w-2) which of course is a lot more paperwork. I think the advantage (but don't hold me accountable for this) is if your S-Corp makes a lot more than a reasonable salary, then the rest of the money can be passed through on your personal return at a lower (corp) rate."

negative: "If you start an LLC with you as the sole member it will be considered a disregarded entity.  This basically means that you have the protection of being a company, but all your revenues will go on your personal tax return and be taxed at whatever rate your personal rate calculates to based on your situation.  Now here is the good stuff.  If you file Form 2553 you can change your sole member LLC to file as an S Corp.  Once you have done this it changes the game on how you can pay out what your company makes.  You will need to employ yourself and give a ""reasonable"" salary.  This will be reported to the IRS and you will file your normal tax returns and they will be taxed based on your situation. Now as the sole member you can then pay yourself ""distribution to share holders"" from your account and this money is not subject to normal fica and social security tax (check with your tax guy) and MAKE SURE to document correctly.  The other thing is that on that same form you can elect to have a different fiscal year than the standard calendar IRS tax year.  This means that you could then take part of profits in one tax year and part in another so that you don't bump yourself into another tax bracket.  Example:  You cut a deal and the company makes 100,000 in profit that you want to take as a distribution.  If you wrote yourself a check for all of it then it could put you into another tax bracket.  If your fiscal year were to end say on sept 30 and you cut the deal before that date then you could write say 50,000 this year and then on jan 1 write the other check."

negative: "If you have a single member LLC there is no need to separate expenses in this way since it is simply treated as part of the owner's normal tax returns.  This is the way I've been operating. Owner of Single-Member LLC   If a single-member LLC does not elect to be treated as a corporation, the LLC is a ""disregarded entity,"" and the LLC's activities should be reflected on its owner's federal tax return. If the owner is an individual, the activities of the LLC will generally be reflected on: Form 1040 Schedule C, Profit or Loss from Business (Sole Proprietorship) (PDF) Form 1040 Schedule E, Supplemental Income or Loss (PDF) Form 1040 Schedule F, Profit or Loss from Farming (PDF) An individual owner of a single-member LLC that operates a trade or business is subject to the tax on net earnings from self employment in the same manner as a sole proprietorship.   If the single-member LLC is owned by a corporation or partnership, the LLC should be reflected on its owner's federal tax return as a division of the corporation or partnership. https://www.irs.gov/businesses/small-businesses-self-employed/single-member-limited-liability-companies"

negative: "Since you seem to be the expert.... riddle me this:  What is the breakdown of entrepreneurs and how they operate by: LLCs, C-Corp, S-Corp, Sole-proprietor?  Is it: 15/35/20/30?  You basically need to know what this breakdown is in order to claim that ""most entrepreneurs pay hardly any income tax at all.""    So... what is it, and please cite your source."

negative: "This is actually quite a complicated issue. I suggest you talk to a properly licensed tax adviser (EA/CPA licensed in your State). Legal advice (from an attorney licensed in your State) is also highly recommended. There are many issues at hand here. Income - both types of entities are pass-through, so ""earnings"" are taxed the same. However, for S-Corp there's a ""reasonable compensation"" requirement, so while B and C don't do any ""work"" they may be required to draw salary as executives/directors (if they act as such). Equity - for S-Corp you cannot have different classes of shares, all are the same. So you cannot have 2 partners contribute money and third to contribute nothing (work is compensated, you'll be getting salary) and all three have the same stake in the company. You can have that with an LLC. Expansion - S-Corp is limited to X shareholders, all of which have to be Americans. Once you get a foreign partner, or more than 100 partners - you automatically become C-Corp whether you want it or not. Investors - it would be very hard for you to find external investors if you're a LLC. There are many more things to consider. Do not make this decision lightly. Fixing things is usually much more expensive than doing them right at the first place."

negative: "Agreed on all points.  You're still not saving a TON of money, given that you have to have a reasonable balance of salary/distributions, but an S-corp is the way to go if you're making substantial profit in order to save tax money.  I'll reiterate (my wife is a CPA and she guides me on my business) - you can't legally save ""untaxed earnings"" for next year."

negative: S-Corp income is passed through to owners and is taxed on their 1040 as ordinary income. If you take a wage (pay FICA) and then take additional distributions these are not subject to FICA.  A lot of business owners will buy up supplies/ necessary expenses right before the end of the tax year to lower their tax liability.

negative: An LLC is a very flexible company when it comes to taxation.  You have three basic tax options: There are other good reasons to create an LLC (mainly to protect your personal assets) so even if you decide that you don't want to deal with the complications of an S-Corp LLC, you should still consider creating a sole proprietorship LLC.

negative: In addition to the normal limits, A Solo 401(k) allows you to contribute up to 20% of net profits (sole proprietor) or 50% of salary (if a corporation), up to $49,000. Note that the fees for 401(k) accounts are higher than with the IRA. See 401(k)s for small business.

negative: "You probably don't need S-Corp. There's no difference between what you can deduct on your Schedule C and what you can deduct on 1120S, it will just cost you more money. Since you're gambling yourself, you don't need to worry about liability - but if you do, you should probably go LLC route, much cheaper and simpler. The ""reasonable salary"" trick to avoid FICA won't work. Don't even try. Schedule C for professional gamblers is a very accepted thing, nothing extraordinary about it."

negative: I think I may have figured this out but if someone could double check my reasoning I'd appreciate it. So if my company makes $75000 and I decide to pay myself a $30000 salary, then the quarterly payment break down would be like this: 1040ES: Would pay income tax on non salary dividend ($45000) 941: Would pay income tax, SS, medicare on salary ($30000) (I'm the only person on payroll) So I think this answers my question in that after switching from filing as LLC to S-corp, I won't have to pay as much on 1040ES because some of it will now be covered on payroll.

negative: I'm not sure why you think that it matters that the distribution goes to an S-Corp vs an individual tax payer. You seem to think it has any relevance to your question, but it doesn't. It only confuses your readers. The situation is like this: LLC X is deriving income in State #2. It has two members (I and S) residents of State #1. Members I and S pay all their taxes to State #1, and don't pay taxes to State #2. State #2 audited member I and that member now needs to pay back taxes and penalties to State #2 on income derived from that State. Your question: Does that mean that member S should be worried, since that member was essentially doing the exact same thing as member I? My answer: Yes.

negative: The answer seems to depend on where you live.  Perhaps you already found this, but the summary from the IRS is: The insurance laws in some states do not allow a corporation to purchase group health insurance when the corporation only has one employee. Therefore, if the shareholder was the sole corporate employee, the shareholder had to purchase his health insurance in his own name. The IRS issued Notice 2008-1, which ruled that under certain situations the shareholder would be allowed an above-the-line deduction even if the health insurance policy was purchased in the name of the shareholder. Notice 2008-1 provided four examples, including three examples in which the shareholder purchased the health insurance and one in which the S corporation purchased the health insurance. Notice 2008-1 states that if the shareholder purchased the health insurance in his own name and paid for it with his own funds, the shareholder would not be allowed an above-the-line deduction. On the other hand, if the shareholder purchased the health insurance in his own name but the S corporation either directly paid for the health insurance or reimbursed the shareholder for the health insurance and also included the premium payment in the shareholder’s W-2, the shareholder would be allowed an above-the-line deduction. The bottom line is that in order for a shareholder to claim an above-the-line deduction, the health insurance premiums must ultimately be paid by the S corporation and must be reported as taxable compensation in the shareholder’s W-2. https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/S-Corporation-Compensation-and-Medical-Insurance-Issues I understand this to mean that you can only get the deduction in your case (having purchased it in your own name) if your state does not allow your S-Corp to purchase a group health plan because you only have one employee. (I don't know specifically if Illinois fits that description or not.)  In addition, there are rules about reporting health insurance premiums for taxes for S-Corp share members that you should also check.  Personally, I think that it's complicated enough that advice from a CPA or other tax advisor specific to your situation would be worth the cost.

negative: "We will bill our clients periodically and will get paid monthly. Who are ""we""? If you're not employed - you're not the one doing the work or billing the client. Would IRS care about this or this should be something written in the   policy of our company. For example: ""Every two months profits get   divided 50/50"" They won't. S-Corp is a pass-through entity. We plan to use Schedule K when filing taxes for 2015. I've never filled a schedule K before, will the profit distributions be reflected on this form? Yes, that is what it is for. We might need extra help in 2015, so we plan to hire an additional   employee (who will not be a shareholder). Will our tax liability go   down by doing this? Down in what sense? Payroll is deductible, if that's what you mean.  Are there certain other things that should be kept in mind to reduce the tax liability? Yes. Getting a proper tax adviser (EA/CPA licensed in your State) to explain to you what S-Corp is, how it works, how payroll works, how owner-shareholder is taxed etc etc."

negative: These are all factually correct claims. S-Corporation is a pass-through entity, so whatever gain you have on the corporate level - is passed to the shareholders. If your S-Corp has capital gains - you'll get your pro-rata share of the capital gains. Interest? The same. Dividends? You get it on your K-1. Earned income? Taxed as such to you. I.e.: whether you earn income as a S-Corp or as a sole proprietor - matters not. That's the answer to your bottom line question. The big issue, however, is this: you cannot have more than 25% passive income in your S-Corp. You pass that limit (three consecutive years, one-off is ok) - your S-Corp automatically converts to C-Corp, and you're taxed at the corporate level at the corporate rates (you then lose the capital gains rates, personal brackets, etc). This means that an S-Corp cannot be an investment company. Most (75%+) of its income has to be earned, not passive. Another problem with S-Corp is that people who work as self-proprietors incorporated as S-Corp try to abuse it and claim that the income they earned by the virtue of their own personal performance shouldn't be taxed as self-employed income. IRS frowns upon such a position, and if considerable amounts are at stake will take you all the way up to the Tax Court to prove you wrong. This has happened before, numerously. You should talk to a licensed tax adviser (EA/CPA/Attorney licensed in your state) to educate you about what S-Corp is and how it is taxed, and whether or not it is appropriate for you.

negative: Do you have any insight on average *effective* rates paid by SE owners?  As a counterpoint to your (very valid) links, filing as S-corp allows for taxes on distributions to be exempt from payroll tax and taxed at much lower rates. Also, being SE allows for various deductions not possible for wage earners. There's probably other examples not immediately coming to mind.  Also, SE taxes equal taxes otherwise paid by employer + employee. It's just that those employer taxes don't appear on the employee's paystub so not everyone realizes this.

negative: Sounds you need to read up on S corp structures. I think this would benefit you if you generate income even after you physically stopped working which is incomes from membership fees, royalties % of customer revenue, middle man etc...  Under the Scorp, you as the sole member must earn a wage that fair and at current market value. You pay social security and Medicare on this wage. The interesting thing here is that an Scorp can pay out earning dividends  without having to pay payroll taxes but the catch is that you, as the sole employee must earn a fair wage.   As for paying the other member you may want to look into 1099 contract work plus a finders fee. The 1099 hourly wage does not require you to pay Medicare and SS.   The common fee I'm used to is 5% of gross invoice. Then you would pay her an hourly wage. The company then bills these hours multiplied by 2 or 3 (or whatever you think is fair) to the client. Deduct expenses from this and that's your profit.   Example. Contractor brings Client A which is estimated as a  100 hour project with $100 cost in supplies and requires 2 hours of your time @ $40/hr.   You quote 100 hours @ $50 to client, client agrees and gives you down payment.   You then present the contract work to your contractor, they complete the work in 100 hours and bill you at $25.   You pay your contractor 2500 plus the 5% ($250)  and your company earns $2070 (5000 - 2500 - 100-80)  And you'll earn $80 minus the payroll tax.   Then at the end of the quarter or year or however you want to do earning payouts your LLC- Scorp will write you a check for $2070 or whatever earning % you want to take. This is then taxed at your income tax bracket.   One thing to keep in mind is what is preventing this other person from becoming your competition? A partnership would be great motivation to try and bring in as much work under the LLC. But if you start shafting people then they'll just keep the work and cut you out.

negative: That's really not something that can be answered based on the information provided. There are a lot of factors involved: type of income, your wife's tax bracket, the split between Federal and State (if you're in a high bracket in a high income-tax rate State - it may even be more than 50%), etc etc. The fact that your wife didn't withdraw the money is irrelevant. S-Corp is a pass-through entity, i.e.: owners are taxed on the profits based on their personal marginal tax rates, and it doesn't matter what they did with the money. In this case, your wife re-invested it into the corp (used it to pay off corp debts), which adds back to her basis. You really should talk to a tax adviser (EA/CPA licensed in your State) to learn how S-Corps work and how to use them properly. Your wife, actually, as she's the owner.

negative: Mods decided to leave it here, so I'll summarize some of my answers on this question given @OnStartups. You can find them here, here and here. Your options are : You and your business are one and the same. You report your income and expenses for taxes on a Schedule C (for each sole proprietorship a separate schedule), and taxed at your personal rates. There's no liability protection or legal separation between you and your business, and you don't need to have any bureaucratic overhead of managing an entity. You can use your own bank account and have checks written to you directly. You can register for DBA if you want a store-front name to be different from your own name. Depending on State, can cost a lot or close to nothing. Provides certain liability protection (depending on State, single-member and multi-member LLC's may have different liability protections). You can chose to be taxed as either a sole-proprietor (partnership, for multi-member) or as a corporation. You have to separate your activities, have a separate bank account, and some minimal bureaucracy is required to maintain the entity. Benefits include the limited liability, relatively easy to add partners to the business or sell it as a whole, and provides for separation of your personal and business finances. Drawbacks - bureaucracy, additional fees and taxes (especially in CA), and separation of assets. Corporation is an entirely separate entity from yourself, files its own tax returns, has separate bank accounts and is run by the board of directors (which in some cases may require more than 1 person to be on the board, check your state laws on that). As an officer of the corporation you'll have to pay salary to yourself. S-Corp has the benefit of pass-through taxation, C-Corp doesn't and has double taxation. Benefits - liability protection, can sell shares to investors, legally distinct entity. Disadvantages - have to deal with payroll, additional accounting, significant bureaucracy and additional layer of taxes for C-Corp (double taxation). Selling corporate assets is always a taxable event (although in your case it is probably not of an importance). You have to talk to a lawyer in your state about the options re the liability protection and how to form the entities. The formation process is usually simple and straight forward, but the LLC/Partnership operating agreements and Corporation charters/bylaws must be drafted by a lawyer if you're not going to be the sole owner (even if you are - better get a lawyer draft something for you, its just easier to fix and change things when you're the sole owner).  You have to talk to a CPA/EA in your state about the taxes and how the choice of entity affects them.

negative: "There are no dividends from S-Corp. There are distributions. Big difference. S-Corps fill form 1120S and schedule K-1 per shareholder. In the schedule all the income of your S-Corp will be assigned to various categories that you will later copy to your personal tax return as your personal income. It is not dividend income. The reason people prefer to take distributions from their S-Corps instead of salary is because you don't pay SE taxes on the distributions. That is also the reason why the IRS forces you to pay yourself a reasonable salary. But the tax rate on the income, all of it, is your regular income tax rate, unless the S-Corp income is categorized in a preferred category. The fact that its an S-Corp income doesn't, by itself, allow any preferential treatment. If you're learning the stuff as you go - you should probably get in touch with a tax professional to advise you. All the S-Corp income must be distributed. Its not a matter of ""avoiding paying the tax"", its the matter of ""you must do it"". Not a choice. My answer was not intended or written to be used, and it cannot be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer (circ 230 disclaimer)."

negative: Let me first start off by saying that you need to be careful with an S-Corp and defined contribution plans.  You might want to consider an LLC or some other entity form, depending on your state and other factors. You should read this entire page on the irs site:  S-Corp Retirement Plan FAQ, but here is a small clip: Contributions to a Self-Employed Plan You can’t make contributions to a self-employed retirement plan from your S corporation   distributions. Although, as an S corporation shareholder, you receive   distributions similar to distributions that a partner receives from a   partnership, your shareholder distributions aren’t earned income for   retirement plan purposes (see IRC section 1402(a)(2)). Therefore, you   also can’t establish a self-employed retirement plan for yourself   solely based on being an S corporation shareholder. There are also some issues and cases about reasonable compensation in S-Corp.  I recommend you read the IRS site's S Corporation Compensation and Medical Insurance Issues page answers as I see them, but I recommend hiring CPA You should be able to do option B.  The limitations are in place for the two different types of contributions:  Elective deferrals and Employer nonelective contributions.  I am going to make a leap and say your talking about a SEP here, therefore you can't setup one were the employee could contribute (post 1997). If your doing self employee 401k, be careful to not make the contributions yourself. If your wife is employed the by company, here calculation is separate and the company could make a separate contribution for her. The limitation for SEP in 2015 are 25% of employee's compensation or $53,000.  Since you will be self employed, you need to calculate your net earnings from self-employment which takes into account the eductible part of your self employment tax and contributions business makes to SEP.  Good read on SEPs at IRS site. and take a look at chapter 2 of Publication 560. I hope that helps and I recommend hiring a CPA in your area to help.

negative: "I'm assuming that when you say ""convert to S-Corp tax treatment"" you're not talking about actually changing your LLC to a Corporation. There are two distinct pieces of the puzzle here. First, there's your organizational form. Your state, which is where the business is legally formed and recognized, creates the LLC or Corporation. ""S-Corp"" doesn't come into play here: your company is either an LLC or a Corporation. (There are a handful of other organizational types your state might have, e.g. PLLC, Limited Partnership, etc.; none of these are immediately relevant to this discussion). Second, there's the tax treatment you receive by the IRS. If your company was created by the state as an LLC, note that the IRS doesn't recognize LLCs as a distinct organizational type: you elect to be taxed as an individual (for single member LLCs), a partnership (for multiple member LLCs), or as a corporation. The former two elections are ""pass through"" -- there's no additional level of taxation on corporate profits, everything just passes through to the owners. The latter election introduces a tax on corporate profits. When you elect pass-through treatment, a single-member LLC files on Schedule C; a multiple-member LLC will prepare a form K-1 which you will include on your 1040. If your company was created by the state as a Corporation (not an LLC), you could still elect pass-through taxation if your company qualifies under the rules in Subchapter S (i.e. ""an S-Corp""). States do not recognize ""S-Corp"" as part of the organizational process -- that's just a tax distinction used by the IRS (and possibly your state's tax authorities). In your case, if you are a single-member LLC (and assuming there are no other reasons to organize as a corporation), talking about ""S-Corp tax treatment"" doesn't make any sense. You'll just file your schedule C; in my experience it's fairly simple. (Note that this is based on my experience of single- and multiple-member LLCs in just two states. Your state may have different rules that affect state-level taxation; and the rules may change from year to year. I've found that hiring a good CPA to prepare the forms saves a good bit of stress and time that can be better applied to the business.)"

negative: "You are confusing entirely unrelated things. First the ""profit distribution"" issue with Bob's S-Corp which is in fact tax evasion and will probably trigger a very nasty audit. Generally, if you're the sole employee of your own S-Corp, and the whole S-Corp income is from your own personal services, as defined by the IRS - there's no profit there. All the net income from such a S-Corp is subject to SE tax, either through payroll or through your K-1. Claiming anything else would be lying and IRS is notorious for going after people doing that. Second - the reclassification issue. The reason employers classify employees as contractors is to avoid payroll taxes (which the IRS gets through Bob's S-Corp, so it doesn't care) and providing benefits (that is Bob's problem, not the IRS). So in the scenario above, the IRS wouldn't care whose employee Bob is since Bob's S-Corp would have to pay all the same payroll taxes. The reclassification is an issue when employees are abused. See examples of Fedex drivers, where they're classified as contractors and are not getting any benefits, spend their own money on the truck and maintenance, etc. The employees are the ones who sued for reclassification, but in this case the IRS would be interested as well since a huge chunk of payroll taxes was not paid (driver's net is after car maintenance and payments, not before as it would be if he was salaried). So in your scenario reclassification is not as much a concern to Bob as his tax evasion scheme claiming earnings from performing personal services as ""profits from S-Corp"". A precedent to look at, as I mentioned elsewhere, would be the Watson v Commissioner case."

negative: It sounds like something is getting lost in translation here. A business owner should not have to pay personal income tax on business expenses, with the caveat that they are truly business expenses. Here's an example where what you described could happen: Suppose a business has $200K in revenue, and $150K in legitimate business expenses (wages and owner salaries, taxes, services, products/goods, etc.) The profit for this example business is $50K. Depending on how the business is structured (sole proprietor, llc, s-corp, etc), the business owner(s) may have to pay personal income tax on the $50K in profit. If the owner then decided to have the business purchase a new vehicle solely for personal use with, say, $25K of that profit, then the owner may think he could avoid paying income tax on $25K of the $50K. However, this would not be considered a legitimate business expense, and therefore would have to be reclassified as personal income and would be taxed as if the $25K was paid to the owner. If the vehicle truly was used for legitimate business purposes then the business expenses would end up being $175K, with $25K left as profit which is taxable to the owners. Note: this is an oversimplification as it's oftentimes the case that vehicles are partially used for business instead of all or nothing. In fact, large items such as vehicles are typically depreciated so the full purchase price could not be deducted in a single year. If many of the purchases are depreciated items instead of deductions, then this could explain why it appears that the business expenses are being taxed. It's not a tax on the expense, but on the income that hasn't been reduced by expenses, since only a portion of the big ticket item can be treated as an expense in a single year.

negative: This author is conflating a sole proprietorship and a one-man shop.  Sole proprietorship is a tax designation as to who *owns* the business; an individual rather than a shareholder(s) or partner.  I operate as a sole proprietor, and have always had between four and six employees.

negative: Compared with a Sole Proprietorship, the main disadvantages of an S-Corporation or an LLC are that it adds a lot of management overhead (time, and possibly money if you don't do it all yourself), and there are fees you must pay to incorporate, as well as additional yearly maintenance fees which vary by state. You should be able to weigh the tax savings and liability protection against the extra costs and hassle, and see which way the scales tip. As a rule of thumb, the bigger your business gets or the more income you make, the more attractive incorporating becomes. Note there are some additional taxes that certain jurisdictions impose on business income. For example, IL and CA charge 1.5% tax, NY is less, but NYC is 8.85%! In NYC specifically, you could actually end up paying slightly more tax as an S-Corp than you would as a Sole Proprietorship. In most places though, the nominal local taxes will still be less than the FICA taxes you could potentially save.

negative: Through your question and then clarification through the comments, it looks like you have a U.S. LLC with at least two members.  If you did not elect some other tax treatment, your LLC will be treated as a partnership by the IRS.  The partnership should file a tax return on Form 1065.  Then each partner will get a Schedule K-1 from the partnership, which the partner should use to include their respective shares of the partnership income and expenses on their personal Forms 1040. You can also elect to be taxed as an S-Corp or a C-Corp instead of a partnership, but that requires you to file a form explicitly making such election.  If you go S-Corp, then you will file a different form for the company, but the procedure is roughly the same - Income gets passed through to the owners via a Schedule K-1.  If you go C-Corp, then the owners will pay no tax on their own Form 1040, but the C-Corp itself will pay income tax. As far as whether you should try to spend the money as business expense to avoid paying extra tax - That's highly dependent on your specific situation.  I'd think you'd want to get tailored advice for that.

negative: Lets just get to the point...Ordinary income (gains) earned from S-Corp operations (i.e. income earned after all expenses for providing services or selling products) is passed through to the owners/shareholders and taxed at the owner's personal tax rate. Separately, if an S-Corp earns capital gains (i.e. the S-Corp buys and sells stock, earns dividends from investments, etc), those gains are passed through to the owners and taxed at a capital gains rate Capital gains are not the same as ordinary income (gains). Don't get the two confused, they are as different for S-Corp taxation as they are for personal taxation. In some cases an exception occurs, but only when the S-Corp was formally a C-Corp and the C-Corp had non-distributed earnings or losses. This is a separate issue whereas the undistributed C-Corp gains/losses are treated differently than the S-Corp gains/losses. It takes years of college coursework and work experience to grasp the vast arena of tax. It should not be so complex, but it is this complex. It is not within the scope of the non-tax professional to make sense of this stuff. The CPA exams, although very difficult and thorough, only scrape the surface of tax and accounting. I hope this provides some perspective on any questions regarding business tax for S-Corps and any other entity type. Hire a good CPA... if you can find one.

negative: It's whatever you decide. Taking money out of an S-Corp via distribution isn't a taxable event. Practically speaking, yes, you should make sure you have enough money to afford the distribution after paying your expenses, lest you have to put money back a few days later in to pay the phone bill. You might not want to distribute every penny of profit the moment you book it, either -- keeping some money in the business checking account is probably a good idea. If you have consistent cash flow you could distribute monthly or quarterly profits 30 or 60 days in arrears, for example, and then still have cash on hand for operations. Your net profit is reflected on the Schedule K for inclusion on your personal tax return. As an S-Corp, the profit is passed through to the shareholders and is taxable whether or not you actually distributed the money. You owe taxes on the profit reported on the Schedule K, not the amounts distributed. You really should get a tax accountant. Long-term, you'll save money by having your books set up correctly from the start rather than have to go back and fix any mistakes. Go to a Chamber of Commerce meeting or ask a colleague, trusted vendor, or customer for a recommendation.

negative: "Am I on crack, or do the perceived tax savings via S-Corp   distributions really not matter at a certain level of business income? You're not on crack. Generally, if all the income is generated by your own personal services - this is the outcome. The benefit of S-Corp is when you have employees who generate your income, and you distribute to yourself profits that come out of other's personal services. In this case your distributions are exempt from FICA since it is not in fact a self-employment income. You'd still have to pay yourself a reasonable salary for your position (as a manager/officer), but it wouldn't have to cover all of the available profits. So if the IRS takes a position against you it would be that your salary should be to include the whole profits, since it is the compensation to you for the personal services that produced the income to the corporation (you). In many cases they might agree that a salary at the SS maximum limit would be reasonable - but that's only a speculation of mine. In that case you might gain some portion of the medicare tax (with the recent law changes at the levels you're talking about you'll pay some medicare anyway). There are a lot of accountants who take more aggressive position saying that not all of the distributions are liable for SE taxes, even if you're the sole employee of the corporation. These cases often end up in the Tax Court, and whatever the outcome, your legal fees become higher than the FICA savings. What is probably missing in your picture is the SS limit of (currently $112K) above which you don't pay social security tax, so whether you get it as a salary or as a distribution - that limit is the same. That is why you don't see a significant difference. I know there are a lot of accountants who'd disagree, but I would argue that for a sole employee of your company, S-Corp doesn't provide significant benefits over the disregarded LLC taxation, but has some additional overhead that adds to your expenses. Here's a link to a lawyer's blog where he suggests (and says many accountants follow) 60/40 division between salary and distributions. I.e.: his take, similarly to mine, is that most of the earnings have to be treated as salary. In your case, when the total is about 300K - you indeed will not get any FICA savings with such a division other than some of the medicare.  Unusually low wages when compared to distributions can draw unwanted   IRS scrutiny and an audit. An unfavorable audit will likely result in   some portion of the distributions being reclassified as earned income   for federal income tax purposes, which results in a deficiency   assessment (i.e., a tax bill), interest on those unpaid taxes, and IRS   penalties. The article also talks about the Watson case (one of the Tax Court cases I referred to), which can be used as the guidelines for determining the ""reasonable"" compensation. Talk to your tax adviser. I'm neither a tax adviser nor a tax professional. For a tax advice contact a CPA/EA licensed in your state. This is not a tax advice, just my personal opinion."

negative: "I did a little research and found the eligible investments for TFSAs. In this document under heading ""Shares of private and other corporations"", sub heading ""Shares of small business corporations"" there is clause about owning less than 10% share and less than $25000 total value of the corporation. Generally, a connected shareholder of a corporation (as  defined in subsection 4901(2) of > the Regulations) at any time  is a person who   owns, directly or indirectly, at that time,  10% or more of the shares   of any class of shares of the  corporation or of any other corporation   related to the  corporation.    However, where   • such a person is   dealing at arm's length with the  corporation or any other related   corporation; and   • the aggregate cost amount of all shares of the   corporation  or any other related corporation the person owns, or is    deemed to own, is less than $25,000 that person will not be a   connected shareholder of the  corporation. For purposes of the 10%   and $25,000 tests, the rules in the  definition of ìspecified   shareholderî in subsection 248(1)  apply with the result that certain   shares will be deemed to be  owned by the shareholder. For example, by   virtue of  paragraphs (a) and (b), respectively, of that definition,   an  annuitant, a beneficiary or a subscriber under a plan trust is    deemed to own the shares owned by a person with whom the  annuitant,   beneficiary or subscriber is not dealing at armís  length, as well as   the shares owned by the plan trust.  In addition, any share that  • the annuitant, beneficiary, or subscriber under a plan trust;  or • a person not dealing at arm's length with any of the above  has a right to acquire is also included in the calculation of the  percentage and   cost amount of the shares held for purposes  of the 10% and $25,000   tests pursuant to subsection  4901(2.2) of the Regulations."

negative: There are a few different ways to organize this, but mostly I think you need to talk to a lawyer.  The 50/50 split thing should be in writing along with a bunch of other issues. You could have one of you doing a sole proprietorship where the other person is a contractor that receives half of all revenues/profits.  The person that owns the sole proprietorship may be entitled to deduct certain costs of running the entity.  The other person would then be 1099'd his share of revenues. You could set up a partnership, again legal paperwork is necessary. You could also setup an S-Corp, where each of you is a 50% owner. You could also setup an LLC that is organized as any of the above.  I would only do this if you can self fund some additional tax preparation costs.  Figure about $600/year at a minimum.   There are a lot of options with a sole proprietorship being the easiest.  Your first step on the new venture would be to apply for an EIN (free), and then opening a business bank account. Good luck.