I'm Val! Coach for creatives
like you who are ready to be healthier, happier and more empowered women who love the business you run, the people you serve and the life you live!
011: Legally Legit LLC’s + S-corps with The Legal Paige
What’s more intimidating than finances? The legalities or taxes, business structures, and the IRS. Thankfully, our guest today leaves us feeling at ease about the legalities of finances. Paige Griffith is an attorney who offers legal education to creative entrepreneurs through an online platform, The Legal Paige. She’s the go-to for legal advice that all entrepreneurs need, and she packages it in an approachable and understandable way.
In this episode, Paige talks about how to manage your business finances to stay legal. She also offers listeners a free legal class so they can learn about the contracts they need to have for their businesses.
EVERYTHING from The Legal Paige is 40% off May 20-23
AND you can use my code VALTLP10 for an extra $10 off your total!
Please note: this code will ONLY be valid during the sale
(May 20 at Midnight ET – May 23 at 11:59 pm ET)
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this episode is brought to you by my Creative Income Cure Course.
Are you ready to say hello to growth and stability with your finances? The Creative Income Cure course is a Profit First backed online course + community for creatives so you can confidently manage your money, give yourself a raise and make the right financial decisions in your business.
Paige is the founder of The Legal Paige, a virtual legal educational platform working with small businesses. She is a certified Juris Doctor and holds a double B.A. in Economics and Political Science. After working as a federal law clerk, Paige traded in the traditional law life for a virtual one and opened the doors to The Legal Paige in 2018. She helps her clients and online community run legal and protected businesses through her contract shop, podcast, YouTube channel, and blog. Her mission is to create an online space where the law isn’t so scary and entrepreneurs can get legally legit in no time. Law aside, Paige is a small-town Montana mom who loves hiking, lake time, and a good glass of red wine.
When she started her business, Paige read the book Profit First by Mike Michalowicz. A profit-first business model is when you pay yourself first instead of last. She works with a bookkeeper, a CPA, and a financial advisor to manage her business’s profits and losses.
Even though Paige was an economics major and enjoys looking at and knowing her numbers, she loves having professionals manage her business finances for her.
When she first started her Profit First journey, Paige was nervous about managing so many bank accounts. However, she’s made the process work for her and her business. When she first started the Profit First method, her business profits made up around 10% of her budget. Today, it makes up 40%. As her business has grown, she’s scaled that number up to be able to save more for emergencies.
If the Profit First system overwhelms you, a great place to start with your business finances is making a budget spreadsheet so that you can understand the money going in and out of your business accounts.
As a lawyer, Paige has seen new businesses make several financial mistakes as they set up their businesses, and those mistakes can lead to legal troubles down the road. The first major pitfall is commingling your business and personal finances. It’s legal to commingle your finances if you are a sole proprietor; however, once you register your business as an LLC, you need to set up a separate business bank account.
Registering your business as an LLC has several benefits once your business is bringing in a good income. An LLC, or limited liability company, protects your personal assets and acts as insurance for your business.
Once you set up your LLC, your business bank account needs to be in the LLC’s name. To stay legal, all you have to do is make sure that all of your business transactions go in and out of that account.
If you accidentally commingle your accounts, all you have to do is reconcile the transaction. For example, if you use your business credit card to pay for your groceries, you simply have to reimburse the business account from your personal account. As long as this doesn’t happen very often, you won’t get into any legal trouble.
Once you register your business as an LLC, it’s important that you sign all of your contracts as the LLC instead of as yourself. The contract should list the LLC’s name as one of the parties. At the bottom of the contract, you can sign your personal name before you are an agent for the LLC. However, it’s important that your personal name is not anywhere else in the contract.
To keep your LLC active, you must pay the bi-annual or annual fee and file a report with your state.
An S-Corp is not a business entity, it’s a tax designation. You will still maintain your LLC but file your taxes as an S-Corp. You should consider filing as an S-Corp once you make between $60-80,000 or more in net profit. A good rule of thumb is to wait until you have a few consistent years of hitting that income threshold before you file as an S-Corp.
While filing taxes and paying yourself becomes more complicated with an S-Corp, you can save money on your taxes. Talk to your accountant or bookkeeper to determine if filing as an S-Corp is right for your business.
EVERYTHING from The Legal Paige is 40% off May 20-23
AND you can use my code VALTLP10 for an extra $10 off your total!
Please note: this code will ONLY be valid during the sale
(May 20 at Midnight ET – May 23 at 11:59 pm ET)
Mentioned in this Episode:
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The Legal Paige Facebook Community
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Instagram: @val_marlene_creative
Val: Okay, friends, today is going to be such a good conversation, and it’s one that everybody wants to have, but is too afraid to have. They don’t know who to ask, and Paige is just the best person to talk to about anything legal with your business, especially creative business. She was a photographer, Paige, tell us what you do now, and also tell us how you first heard about Profit First.
Paige: Okay. So I am an attorney. I also still dabble in photography, but primarily I run what’s called the legal Paige. We are an online legal education platform for small business owners, and we have a contract shop as well. I have lots of free resources like blogs and podcasts, YouTubes. Reels, TikToks, those types of things.
So I like to just dish out a ton of free legal information so that people can get legally legit in no time. And it’s approachable and easy to understand. That’s my MO in my business we also obviously sell contract templates. I have a team of employees and contractors across the United States. We are all moms.
I am very proud of that. we have like, Someone was just saying like 13 kids under six or something. It’s kind of crazy. Um, but it’s nice to work with people that are in the same boat as you. And then I also have a law firm that is separate. So we, TLP is just an online legal education platform, like I was saying.
And then I do, um, myself and my legal team also take on one on one clients through our law firm. And that’s mainly for intellectual property, things like trademarks and copyrights.
Aside from that, I’m a mom of two, and a wife, and a daughter, and a sister. I live in Montana. So, been here, raised here, love it here.
Love to outdoor, recreate, and, you know, Yeah, I spend a lot of my time just with my family and my closest friends and just being in this beautiful state.
Val: Mmhmm.
Paige: How I learned about Profit First? Uh, I actually learned about it from my bookkeeper because I have had my bookkeeper since the very beginning of my business.
I am a math major, you guys. I am an economics major. I like numbers and I could run numbers all day long. I love looking at spreadsheets. Val and I are going to talk about it, like what I look at the most, what I think is the most important to being a successful business owner. But the one thing I know being in business is there are just some things you really need to hire out.
And one of those for me was my numbers. I, it is more important for me to focus on other things in my business that move the needle forward. And while I could do it, and while it’s, it’s nice because you don’t have to pay someone and you can like run your own numbers. You probably just aren’t going to do it that well.
And I think it takes away from you actually being able to look at your P& L and your numbers in a different light. Because you’re not so, like, entrenched in the crunching of the numbers like bookkeepers are. And so, yeah, I mean, I think I’ve read Profit First at the very beginning of my business journey, and, I think lots of people talk about it at conferences, but my bookkeeper in particular, Brittany, with Knies and Co, Knies and Co, she’s gonna be mad that I’m butchering her name, I need to figure out exactly how to say it, but Brittany is amazing, and her team is amazing, Kelly, um, now does our books for us, And, it’s so helpful and great, and they really help us with profit first as well.
So we’re always talking about profit margins in my business, and we have from the get go, and it’s nice to be able to bounce that off. of a bookkeeper and a CPA as well. So I have a bookkeeper. I have a, like, the bookkeeping team that I just talked about. We now have accountants in our, my town, because I have lots of employees and we have Lots of businesses and numbers that are running around.
And I think that’s important because for state purposes, I need to talk to accountants in my state. And we’ve had actually nuanced things that have occurred, like where a tax law came up last year that I can write off. Um, certain business taxes, um, and payments that I make under my business, but that’s only for state purposes and it just happened last year.
Um, so I know CPAs can operate in various states, but sometimes it’s really beneficial and it would behoove you to find one in your own state because they’re going to know state laws really well. And then I have a financial advisor now, that’s something that I just, started a couple of years ago and that’s been really nice.
Three finance people on board, on top of being an attorney and an econ major. That tells you anything about how much I care about numbers.
Val: Yes. Yeah. And it’s also, I think, good to hear that even if you are decent at doing numbers or understanding them, It’s still worth it to outsource because that’s just, it’s stuff you don’t need in your brain. When you’re running your own business, you have so many things to do. And that’s one of the things it’s data.
Someone else can do it.
Paige: Oh, a hundred percent. They can totally do it. And they’re going to see things that you’re not going to see, and they’re going to point things out. Um, and then you can work with them on that. So yeah, I love just getting my PNL and then looking at it from that perspective. I would like to outsource a lot of other things, you guys, even though I run a, like, I don’t know.
Small, medium sized business. I don’t even know what you call it anymore. Um, Uh, I think it’s still a small business, but I think people would call it a medium sized business. Even though, like, I I still though, like funny enough, like pay contractors do direct deposits. Like I’m, I’m still like randomly running numbers.
I’m still like in charge of my business credit cards when I probably shouldn’t be, I would, other business owners would probably look at me like you need to outsource that. So I still have an issue with control, but I’m working on it. Everyone.
Val: Love it. Okay. So tell me a little bit about your journey with Profit First. Did you like the idea right away or did you have any skepticism, questions about it? How did that look for you? Classic.
Paige: Yeah, that’s a really good question. I, I think my initial thought was that’s a lot of bank accounts and that’s a lot to navigate. I think that’s what anyone would say is like, this is, this seems like kind of crazy that you would have all these buckets and do all these things and like, just to figure out what your profit margin is.
But I, I set all those up in the beginning. I will say, I’m going to be very honest with you. I have since gotten rid of a couple of those because it was a little too cumbersome for me, to figure out, but it’s because I outsourced finance help and now we put it in various places. So like a lot of times those like bank accounts that they first talk about in profit first, like now I hold those in like money market accounts at a financial investor.
So they’re, they’re similar, but. You know, like I’m not, I don’t have, it’s so funny. I always tell people to get an account for tax purposes. but I, I am now in a position where I don’t, I don’t control that operating account. And I have someone that like knows that there’s enough in there knows when we’re paying our quarterly’s knows that it’s all going in and out.
We have to stay above a certain amount in that account. And until you get to that point though, you need to, um, help yourself and you need to make sure that you are putting money away so that you can pay for things so that you do have, you know, your emergency fund and that you have your tax liability fund and your savings account and all of that.
We just kind of, we’ve just shifted what’s worked best for our business. And I’m sure you’ve heard this before, like set up profit first, The way that they suggest to, to begin with, and then you’re probably going to nuance it down to your business practices and like what makes the most sense for you.
And that’s what
Val: Mm hmm. Right. And I think what’s so important for people to understand is that the point is that, you know, What your money is for and you have a plan and you’re saving what you need to. So if that means you have different accounts or you, maybe it works for you to put it all in one bank, that’s another thing I personally don’t use two banks, like he recommends you put, you know, a couple accounts in a different bank, I have the self control to keep them all in one.
And so, yes, it’s exactly what you’re saying. The point. Is to do it initially, get used to it, get control and clarity with your money and then tweak it to work for you and your team. And so give us just a little perspective. So for most of my listeners, they’re probably in the six figure or less, or just a little over six figures.
So at what point. I know it’s not, you know, a blanket statement for everyone, but at what point did it make sense for you to make some of those changes? And how does that, how is that different from like the six figure or less business?
Paige: Okay. I’m going to break this down a little bit more. Cause I think people think six figures, like, are we talking gross profit here or net profit? And so I think, yeah, I think a lot of people just assume like at six figures of gross profit, I need to be doing all of these things. And I, I truly don’t agree with that because I don’t know what your take home pay is.
And that implicates like your savings accounts and money market accounts and like what else you’re doing with your wealth management. Um, and a lot of times. It’s just not the time for that. I think you should always still be saving and have savings accounts, but it’s going to be much smaller when, you know, if we’re talking 100, 000 of gross profit, you know, what do you want?
What do you want me to budget for profit first? 40%, 30%.
Val: Um, for profit or, so most people in that range are only doing five to ten percent profit.
Paige: Hmm. Interesting. Okay. I live in a 40 percent profit range.
Val: Yes.
Paige: so let me just give you guys perspective. Like I think I probably was in the five to 10 percent profit range when I was in the hundred thousand dollar, like six figure gross profit, um, area. And that’s just normal. But by the time you start, like your business is making more money, you have to actually keep a way higher profit percentage for emergency purposes, in my opinion.
And so I, I mean, my bookkeeper is like, you cannot, I don’t want you to do anything less than 30%. 20 percent would probably be bare minimum, but I think they would still freak out at me. And then I am just an overachiever and I’m like, I need 40%.
Val: Yeah.
Paige: Um, so that’s where I’m at now. But you know, I, It’s all about like how much you want to save, how much you want to pay yourself.
I have, I don’t know what your like also needs are and wants are. Um, but as a business owner, a lot of times if you’re an entrepreneur, you’re just getting started, you’re a couple of years into business, you’re really interested in profit first. That means you want longevity. That means you want success for your business, and that means you want to make money.
And you’re probably in it as well to have a profitable business, which means you are having a little bit on top of what you’re paying yourself. and so in that respect, you, you have to, you have to figure out like your numbers every single month. You need to look at your P& Ls every single month and you need to save accordingly.
Not only in emergency fund purposes, but savings funds purposes for your business.
Val: Yeah. Yeah. Yeah. And I think that it’s, it’s also helpful for the people who like, so you say P& L, there’s probably some people who don’t even know what that means. So profit and loss statement for anyone listening who’s like, what is that? And what’s fun actually is that. If you are doing profit first, and if you are following it, not necessarily to a T, but like pretty well, you don’t even necessarily have to fully understand a P& L like you can in the beginning, like, as you’re getting used to managing your money and being aware of everything, you can do that by having the bank account separate and actually tracking everything.
And so kind of thinking of it, even in baby steps, like, let’s just get you. Actually profit being profitable. There’s number one, cause a lot of people aren’t, and let’s get you paying yourself and separating your money out. And you’re just gonna, over time, those things are going to make more sense to you.
And then when you’re ready to actually read a P and L, those things are going to make a lot more sense. And so I think it’s just helpful for the beginners who are listening to not be like, Oh my gosh, I have to know how to I don’t understand this financial statement that doesn’t make any sense to me.
It’s baby steps, right?
Paige: Yeah. I mean, we, let’s just take a step back here. Maybe not your P& L, like, let’s just do a budget spreadsheet, okay? That is good enough. That is good enough. Like, what are the income and expenses coming out of your business? Itemized more than you used to last month, and You’re going to start seeing things in your business that you haven’t before.
So that is even a way better place to start if you’re like P& L is above my head.
Val: Yeah. Totally. So tell us what else, as, as an attorney, you’ve seen a lot of things. Tell us what are some of the main things. Legal issues you see that are related to finances toward the beginning of people’s businesses. So the first one, I think the first question I have, and then you can tell me what else you’ve seen is, is it legal to use personal bank accounts for your business money?
Paige: Yeah, I was going to say commingling of funds. So it is legal to do to co mingle Personal and business if you’re a sole proprietorship, so if you haven’t registered your business, you’re just starting out You are probably co mingling funds. You’re haven’t really gotten a separate checking account yet or a business checking account yet it’s okay like legally speaking.
It’s not an issue. You’re not gonna like The I don’t know get in trouble from the law or like get dinged on your taxes. It’s fine. You’re a sole proprietorship It’s a pass through taxation entity meaning Everything you make from this side hustle or like part time business that you have Is just going to go through your to your personal tax return Um, on your Schedule C and it’ll be fine.
Like, you don’t even, don’t even listen to what I’m saying. Like, you, whatever software you use or whatever, like, help you get to file your taxes, there’s no issue. And you don’t have a legal issue. The legal issue comes about when you become a limited liability company, an LLC in your state, or a corporation in your state.
But lots of people don’t become corporations because that’s like, You’re going to get double taxed and you’re going to have multiple tax returns. It’s just like super cumbersome expensive and like not necessary for entrepreneurs and creative business owners in general, so you are probably going to become an llc.
It’s called a limited liability company So for legal purposes, it’s limiting your liability As the business owner, so a sole proprietorship is an arm and extension of yourself as a person, you are filing under your social security number, all of the assets and liabilities and risks, everything is involved in that, and you’re liable for all of that as your, so every savings account, house, car, child savings that you have, like, that’s all at risk.
But so why I don’t suggest you do that. But lots of people stay sole proprietors for a while it’s not a bad thing. It’s you can do you but when you start like having more clientele having more risks and liabilities in your business start making A decent amount it’s like becoming more of a part time business now Then you need to probably become an llc.
It’s really inexpensive to do in your state oftentimes only like 50 to 200 California and New York. I’m sorry. It’s a little more expensive and a little bit more work, but lots of people still become LLCs. I like to think of it as the best insurance you can get for your business because it really like creates this bubble.
It’s an LLC bubble around all of your risks and liabilities. That includes your income and expenses, but legally speaking, the biggest issue is you have to have a business bank account, or you literally are nullifying and voiding the entire purpose behind you registering your LLC. So all your touching moments need to come in and out of that business bank account.
And to get that business bank account, it needs to be under your LLC name. So some sole proprietors will like get a different checking account. For their, their business finances, which is, I think, superb. You act like that’s a great way to start, but then you just need to convert that into an LLC banking account.
And to do this, you just go to any bank and say like, here’s my registration number from my state for being an LLC. And here’s my federal EIN number that you got from the irs. gov and they’ll set you up with a business banking account. But instead of it being under your personal name, it’s under your LLC name.
And all you need to do is just make sure all your transactions come in and out of that account. Like, sticky situations that I oftentimes see is people like, freaking out that they like, accidentally charged their groceries on their business debit card. Like, it’s fine, you’re gonna be fine, legally speaking, you’re not voiding your LLC, just great.
Reconcile it. This is also a good reminder to look at your numbers every month. No matter where you’re at in your business journey and how much money you’re making, because you could catch something that you didn’t even know occurred. And you’re like, Oh, maybe I did make that mistake. And all you need to do is reconcile the numbers.
So you would just like pay from your personal account and reimburse into your business bank account. That needs to be an itemized transaction and you’re good to go. What an auditor doesn’t want to see is like, Or, if you get into a huge negligence act and now they’re trying to, this is where it happens, is like, someone gets really, really badly injured, your LLC is now involved, and they want to sue you personally as well.
That’s where your LLC comes into play, is like, you will argue that like, I am not personally liable because this all happened under my business. You would get into trouble in that respect if like you’re constantly commingling funds in and out of your account then You know if if the other side digs a little and sees that Um, they’re gonna say like well, you’re not an llc No, I can absolutely go and you know get you personally for this as well And then you know your personal insurance is on the line and things like that.
So, um, that’s a that’s a long winded answer but it’s It’s important to kind of know how it all comes into play with your business bank account and the liability, you know, limited liability company structure that you’ve created. That’s, that’s what I have to say there.
Val: So, with an LLC, is there any, are there any other ways that people can kind of unintentionally or accidentally nullify their LLC? Is that the right word? Nullify?
Paige: Yeah. Void. Yeah. Nullified. I mean, whatever word that means, like, dissolve their LLC, lots of words to use interchangeably there. Okay. So not necessarily. The one thing that’s coming to the top of my mind Right.
now is people signing contracts under their personal name versus signing them on behalf of their LLC.
So then you can kind of implicate like maybe you are signing this personally and not under your LLC. So just at the beginning of contracts, make sure this actually just happened to me with a contractor. Actually they sent me, I was like hiring a new contractor for outsourcing something that we needed and they had put Paige Griffith in like all of the, You know, like places and where, you know, at the top of contracts, where it’s explaining who the parties are, you want to make sure your LLC is up there.
So they just put my name and then my name was like throughout the contract. And then I was signing at the bottom and like, that cannot, you know, cannot happen. So I needed the legal page LLC to be the one signing. And then I am signing. signing as an authorized agent at the bottom. So you would sign your personal name.
I’m not going to sign like a legal page LLC. But I would sign page Griffith. And then because I’m an authorized agent, I can sign on behalf of the company. That doesn’t even need to be set in the contract. You just need to make sure that the LLC is the one that’s bound to the contract and not you personally.
Uh, that’s, that’s a big one that I see besides just the bank account stuff. And then the other one is. Sorry, I just thought of another one. Not filing your annual report or your biannual report in your state.
Val: Yeah.
Paige: So I think what can become an issue is like if someone else filed your LLC for you, maybe at the beginning you were using some like online source and like went down a rabbit hole and ended up clicking on some sponsored things on google.
com and you had, you know, like, I don’t know, Rocket Lawyer or like, legal zoom do this for you. And then maybe they forgot to file it or like you didn’t get the notification. It went to spam, that kind of thing can occur. And then you, you’re actually an inactive LLC. I’ve seen it happen all the time.
They forget to go file their annual report. And so. Your state is now thinking you don’t want to be an LLC anymore. And so you have to file that. Some states have it annually. Some states have it bi annually, meaning every other year. And then you just need to, you need to pay your fee. And it’s really, it’s usually pretty inexpensive, like anywhere from like 20 to a hundred dollars.
And it’s just your state saying like, Hey, do you still want to be an active LLC? And if you’re inactive, then your LLC isn’t intact. And that can be an issue because I’ve seen people like. Not think about it, but maybe you sign like client contracts in a four month period that you were inactive.
Technically you didn’t, you don’t have any protection under your LLC during those four months. Oh,
Val: That is good for everyone to know. Okay, so what other mistakes do you see creatives especially making with their finances that may have some effect on like the legal side of things?
Paige: No, I think finance wise, it’s pretty straightforward. I mean, pay your quarterly taxes or pay your annual taxes end of every year. Once you’re kind of a year into business and you need to, you know, pay more, you anticipate paying more than a thousand dollars in taxes. You need to sign up for quarterly taxes.
Savings accounts, emergency funds are really important. Obviously, just because you don’t want to like go under as a business owner and go in the red, legally speaking, though, the main things are what I had already discussed. Like, you just don’t want to get into auditing trouble. You don’t want to exceed.
Paige: I mean, we could go totally down that rabbit rabbit hole of, you know, like be legitimate with what you’re expensing in your business. Many red flags are going to flag the IRS. It’s a risk game that I think lots of businesses play. Like I’m a small fish in a big sea. The IRS isn’t going to flag me for an audit.
Maybe, but you’re just playing the lottery. I don’t think you should play the lottery with your business. And why not just have your books be legit so that if you do get audited, it’s a quick audit. It’s done in, you know, a couple of weeks and then you can move on in your business journey.
Val: Yep. Do you know what any of those red flags are off the top of your head? Like, what they might be? What would trigger the IRS to be curious?
Paige: Yeah.
If you, um, make a lot of money in your business, like the first year and then you start getting too smart and you’re expensing too much, they, and you’re like breaking even, they, they don’t like that. They want to see that you’re still making money and still have a profit versus expensing everything.
If you have already showed that you can make a profit, they want to see a little bit more consistency there. Um, Honestly, it happens more when you’re making more money. So anyone like under, you know, around a hundred thousand dollars in gross profit, you’re just, you’re not going to get flagged as much as other people.
That’s just like common knowledge. And there’s just not as much skin in the game for the IRS there. And they, they don’t, I don’t know. I mean, we all know, like they came, they care more about making a hundred thousand dollars in, tax liability than, you know, 2, 000. But it does happen like they’re, they’re required to audit a certain amount of small businesses in every threshold, every single year.
So when people say it’s not going to happen, like it still does, you just, you have a way higher chance. If say you’re like an S corp and you’re like you know, paying yourself a certain amount one year and then you’re changing the reasonable salary back and forth and back and forth. And they also like, they want you to max out Your federal tax liability purposes up to a certain amount.
I think it’s like 160, 000 or something around there. So if you’re paying yourself like way less than that, then you can get flagged. So legally speaking, I think it actually numbers wise becomes more complicated, the more money you make. But I think that is a very common, like common for people to say more money, more problems.
Val: Right. Totally. Okay. So can you, I know we could go down a really long rabbit trail, but could you give us just like a really quick intro to kind of your feelings on when you would actually be ready to be an SQ? And, and how to know, how to know that.
Paige: Yeah.
so I think bookkeepers and CPAs throw this out a lot, that you need to be an S Corp, you need to be an S Corp. First and foremost, you’re not an S Corp business entity. You’re an LLC business entity in your state, and you’re filing for federal tax purposes as an S Corp. So it’s just a tax designation.
It’s not a business entity. So anytime someone says to me, I’m an S Corp, I’m like, No, you’re an LLC, but I’m going to let you say you’re an S corp. And cool. Thanks for letting me know that you put yourself on payroll and that, you know, like now I kind of know where your business finances are. So, threshold wise, I think it used to be like, Oh, if you’re making 30 or 40, 000 a year in net profit, you should think about becoming an S corp.
I disagree with that wholeheartedly. Now I think it needs to be somewhere between like 60, 70, 80, 000 in net profit and above. Okay.
Certainly if you’re above six figures in net profit, like take home profit, because you can always say for most purposes that you could pay yourself less than a hundred thousand dollars and it would be a reasonable salary.
Um, 60 and 70 is even getting harder and harder nowadays to be like less than that would be a reasonable salary. So, When you’re an S Corp, this is only for federal tax purposes, so it makes no difference for your state income tax purposes if you do have state income taxes. But for federal purposes, you pay self employment taxes on all of the profit on your business if you’re just an LLC or a sole proprietorship, meaning there’s 15.
3 percent that you’re paying in for federal tax purposes. And, if you file as an S Corp, you can do what’s called a reasonable salary for yourself. And if you’re the only employee and only owner of your business, that’s the numbers I’m going to use here. So say you make 100, 000 of net profit. If you’re just an LLC, you’re going to be taxed on all of that, Okay. Like 15, 000, that’s a lot of money.
Val: Mm
hmm.
Paige: And that’s just through the state. Like you’re going to have other taxes as well. We’re like, Oh, 15, 000 on a hundred. Like, that’s great. No, no, no. There’s like, you got state taxes to pay and federal income taxes to pay. I’m just talking self employment taxes. if you pay yourself, say 60, 000, for your salary, then you’re going to be paying that 15.
3 percent on other taxes. All of that 60, 000, but the additional 40, 000 is considered business profit, and you won’t pay self employment taxes for those, you will only pay income taxes for those. Now, that is a very generalized way of saying, there are other numbers that you have to crunch, and I’m sure CPAs and bookkeepers are like, no Paige.
Um, but, I like to just explain it in those terms to people so that you can kind of get an idea of like, oh my gosh, I’m probably going to save some, a couple thousand dollars there, which is true. You might, but you have to set yourself up on payroll. You have to pay that amount or you have to hire a payroll service to do it.
You have to do double filing forms. So an S corp also has to file a tax form. And so on top of your personal tax return, and then, of course, you have to keep certain legal things in mind of the, the business owner’s part of it, of your reasonable salary and what that looks like. You really have to keep your books in line and your books straight.
You also can’t go backwards for the most part. I mean, you can, but nobody recommends it. Like once you’re an S Corp, you’re kind of always an S Corp and the IRS wants you to file as such forever and ever.
Val: Yeah.
Paige: You can change it, but they just don’t like you too. You’ll probably get audited if you do. So, just be careful of that.
Like maybe you make a lot of money one year, but you don’t know what the remaining years are going to be. It might’ve actually, maybe you’re breaking even or even having to pay more. to set yourself up on payroll and to file due returns when like it would have just been easier to stay in LLC. But again, in most cases you do save money in taxes and so that’s why people talk about it all the time.
Val: Yeah. So maybe, would you say it’s a good rule of thumb to have at least a couple consistent years of hitting that threshold before you convert?
Just thinking of not trying to go backwards. Like if, like we want to kind of prove that it’s going to keep going that way, right?
Paige: Yeah.
Yes. And you like perceive this to be a long term business thing. Like you’re not going to jump hoops in two or three years. You’re not going to like change your whole business structure. You’re not going to like do different offerings. You’re not going to like open up a new business. Um, you know, like if this is it and you’re going to make a lot of money and continue to like, if you can set yourself up to make more than a hundred thousand dollars in net profit, And you’re going to have that consistently and you can forecast it for the next, you know, two to three years, then I say go for it, become an S Corp.
You also have to do this before March. 15th every single year. So you, you know, you now have, if you’re thinking about it, you know, six to seven months out from the, you know, the second half of the year, you have a long time to decide if you want to do it. You can’t do it for this year anymore. You would have to do it for the following year.
So just put that on your radar as well as it always has to be before March 15th, for that tax filing year.
Val: Okay. Makes sense. Okay. Great. Well, this has been super helpful. It’s just, it’s just helpful to hear somewhat normal terminology around these things that we’re just like, as a creative, it just makes me like, not want to, you I don’t want to even think about it, you know, because we’re afraid, we’re afraid to do it wrong.
And we’re afraid of getting audited and all those things. And so I think this is really helpful for everyone to just get a little introduction to a little bit of the legal side. So can you tell us really quick before we go, So just kind of, I know you gave us an overview of all the different things you offer, but where’s kind of the best place to find you and the best place to connect with you?
Paige: Absolutely. So you can find me at thelegalpage. com. P A I G E. It’s a play on words of my first name. , and you can also find me at the legal page on Instagram. We have lots of good like reels and tips and tricks, for you as small business owners on there. You can go to the legal page community on Facebook.
If you have like one on one questions you want to ask me, I have to do it in there. My legal team and I monitor that Facebook group just for legal ethics and responsibility purposes. I can’t answer your one on one questions unless it’s in a group environment, but it’s a really awesome group. It’s a collegial group.
There’s thousands of business owners in there and it’s a really safe space. And it’s cool because you can also just social listen and see what other people are asking and learn a lot. And then the last thing I will say is if you’re, uh, you know, intrigued or more interested in kind of my expertise on contract templates, what should be in your contract, why you need to have contracts.
how they help you. I have a really good free legal class that I would suggest that you take. You go to getlegallylegit. com and we’ll make sure that we link it up for you. That is, a great way to kind of get started. I know we didn’t talk a lot about contracts here in this class, and we talked more about numbers, but that’s really where my expertise lies in the small business space.
And I would love for you to join that class and, get some good insight there.
Val: Yeah. And I can verify that the Facebook group is so helpful. I am one of those people who just loves to like listen and learn things from what other people are dealing with. But it is, it’s so unique that it’s a place where, especially even as a photographer and you, you know, the unique scenarios that people are in.
And so guys definitely join that. Also, all of my contracts were written by Paige and her team, and it just, I don’t know. I just don’t worry. I do not worry about the legal side of things because I trust you and your expertise. And I love that. I can just click some buttons and, you know, tweak, tweak the contract to, to be exactly what I need, which does not take a lot of brainpower guys, by the way, like she’s made it very simple.
So I’m a big believer. I’m super grateful for you. And yeah, I’m just excited for everyone to. To follow you and get to know all of the wise things that you share.
Paige: Oh, well, thanks so much. Yeah. I’m glad our contracts have been helpful for you. And if you guys have any questions too, about like certain contracts and which ones would work for your business, my team and I are always happy to answer those and kind of point you in the right direction.
Val: Awesome. Thank you so much, Paige.
Paige: Thanks.
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