First off, I do know I should be going to an accountant for these questions and I will be sometime this month but I`m too impatient and am very curious about the questions.
Just to set the stage, this year I formed an LLC with a partner for a software/webdesign company. We both have normal 9-5 jobs and do this work mostly in the evening. This past year we had no revenue (as we`ve bee doing mostly development) and a small amount of direct expenses. So now a few questions
1) Even though we have little expenses and no revenue should we still see a CPA (I`m pretty sure I know the answer but figured I`d ask)?
2) Since this year (and probably next year) revenue will be low and expenses high (or at least higher) do our losses roll over to regular income to reduce our net?
3) If my partner and I plan to be 50/50 partners but we spend different amounts on expenses can we easily write off different amounts as losses?
4) In a situation like ours what would you consider reasonable things to expense? Home office space? Home office supplies? Any other common things I may be forgetting?
5) Any other things a newbie like me should be thinking about and/or doing?
Thanks in advance,
Frank
1. If you formed an LLC "with a partner" that means you will need to file either a partnership tax return Form 1065 or a corporate tax return Form 1120 or Form 1120S. These are complex tax returns and many elections for new businesses must be made on the initial return; thus, even though you have little to no revenue, it is usually worth your money to find and hire a good tax accountant to help you prepare this first year return. If you don`t and you end up filing the wrong form (like a Schedule C) or not making an election (such as §195) it could end up costing you much more than the cost of a good tax accountant from the start.
2. The answer to this question will depend on whether you are a partnership or corporation and what your LLC operating agreement states.
3. The answer to this question should be in your LLC operating agreement. Do you have an Operating Agreement? When lawyers help you form your LLC they remind you of this necessity and, as long as you pay them, they will draft it for you. If instead, you did your LLC on your own, through the Internet, they usually have a disclaimer stating that YOU are responsible for drafting this yourself. You certainly can draft this yourself, but it needs to be done and the sooner the better.
4. You are allowed to expense all "ordinary and necessary" expenses used to incur business income. This is a very large list. You specifically asked about "home office deduction". This deduction is not available to all forms of entities; thus again, the first step is knowing if you intend to file as a partnership or corporation or S-corporation, before this question can be answered correctly.
5. Get yourself a good tax accountant as soon as possible.
Best wishes,
Gina
-------------------------
Gina L. Gwozdz, CPA
http://GLGcpa.com
http://TaxTreasures.com