Changes to Tax Code That Make LLCs and S Corps More Attractive

Changes to Tax Code That Make LLCs and S Corps More Attractive

With the Tax Cuts and Jobs Act a new tax deduction for pass-through business income was created (LLC, S Corp, Partnership and Sole Proprietorship income). The deduction allows for a 20% deduction of qualified business income. There are a few limitations, but in general this means that 20% of business net income can be a deduction on the owner’s personal tax return. *

Before the Tax Cut and Jobs Act a C Corporation had a range of tax rates between 15% and 35%. After the Tax Cuts and Jobs Act the corporate rate is now a flat 21%. For most large corporations this is a win with a lower tax bracket, but if you were operating as a C Corporation with net profits less than $50,000 this is an increase of 6%.

For this reason we are seeing:

  • An increase in the formation of LLCs (Liability protection; lower state fees overall; less paperwork)
  • An increase in new Corporations electing S Corp status
  • Existing Corporations making elections from C Corp to S Corp status with the IRS

Sole Proprietorships are not recommended in an asset protection strategy. With a Sole Proprietorship there is no protection for personal or business assets.  A Sole Proprietorship has no Charging Order protection or “corporate veil protection”.

Nevada currently is the only state that has a Charging Order provision for closely held corporations.

* PLEASE NOTE: There are a few limitations to the Qualified Business Income deduction such as W-2 wage limitation; Service business limitation and higher income level limitation. Please seek advice from YOUR tax professional for your specific situation/goals. 

Some information contributed by Elite Bookkeeping & Tax Services.




Using an LLC for Real Estate Investing

With the fallout of the real estate market the number of foreclosure sales is increasing dramatically. Many of those purchases are being made with the intent of renting the property rather than for owner occupancy.

LLCs are today’s number one choice for holding title to real estate. Owning either residential or commercial real estate can subject you to significant risk of a lawsuit. As we all know, accidents can happen any time. If someone gets seriously hurt on your property, you may find yourself being sued for damages.

One of the most common mistakes people make is assuming that since they have insurance that they are protected. Sometimes judgments can exceed the insurance coverage, or in some cases the insurance is denied. It’s important that you read your insurance policy thoroughly and understand the limitations.

The LLC is designed to protect your personal assets in the event of a lawsuit. You want to make sure that in the event of a lawsuit that the LLC is the defendant and not you personally.

Here are some things to keep in mind:

If you haven’t done so already, you may want to consider forming an LLC to hold title to your investment real estate. Remember to “not carry all of your eggs in one basket”.

You must sign a deed conveying the real estate to the LLC and record the deed in the county in which the property is located if you wish to transfer the property.

Make sure you are adequately covered with your insurance policy and that the LLC shows as the insured. Remember, the LLC is not you and you’re not it.

If you transfer the property into an LLC but you are making improvements on the property and an injury arises because of the work, you could be sued personally. You may want to hire a licensed contractor for things such as construction repairs, electrical work or plumbing, etc.

If you do hire someone to do significant repairs on your property, be sure to check them out thoroughly beforehand.
For information and assistance regarding forming an LLC, give us a call toll free at (888) 274-1130.

Find out more about American Corporate Enterprises by visiting our website at At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us Toll free (888) 274-1130 or (775) 884-9380 today.

At American Corporate Enterprises, Inc., we have the expertise to handle all your incorporation needs! Contact us

Toll free (888) 274-1130 or (775)884-9380 today and visit our website at