Another thought along these lines involves a multi-member LLC where you and another non-spouse partner are the members. Later in a later chapter you’ll learn that one of the limitations of an S corporation is that distributions must be made in the same percentage as ownership. So, if you are 50-50 with another shareholder, distributions must also be 50-50.
Backup for a moment. If this multi-member LLC was not taxed as an S corporation, the Operating Agreement could dictate a different schedule of distributions. For example, you and another insurance agent team up. But you want an Eat What You Kill revenue model. In this case, you could be 50-50 partners, but have the distributions be tied to the production of each insurance agent. No problem. In other words your capital accounts are 50-50, but your allocation of profits and losses fluctuate each year.
You S Corp elect this thing, and now it blows up. Regardless of production or revenue splitting detailed in your Operating Agreement, or whatever, distributions must be 50-50 since that is the ownership percentage among the two shareholders. But you still want to save on self-employment taxes. What can be done?
We create three entities. A holding company that is a multi-member LLC (MMLLC), with each member being an S corporation. Each S corporation is owned 100% by each principal involved. Stay with us on this one. The following example shows three S corporations as members of the MMLLC, but just ignore one side if you are two-person show.
The MMLLC is really a funnel. All revenue goes in, all common expenses are paid out such as internet, copier lease, admin functions, etc., and an Operating Agreement dictates how the distributions are to be handled. K-1s are issued to the members which happen to be S corporations. And then those S corporations pay a reasonable salary to its respective sole shareholder and distribute the remainder.
There are some excellent benefits with this arrangement beyond the revenue splitting and saving of self-employment taxes. Each S corporation is independent. In using the previous schematic, there are some highlighted advantages-
Each S corporation can run expenses through as it sees fit without upsetting the other business partners.
We see this arrangement commonly in attorneys, medical groups (surgery groups, physicians, doctors, anesthesiologists, nurse anesthetists, etc.), insurance agents and financial advisors. It is very common in entities where the revenue is not shared equally, but rather on production. Watson CPA Group does this as well with its Partners.
401k plans in this situation is tough since it is a controlled group (technically what ERISA and the IRS call an Affiliated Service Group). More information can be found in a later chapter on controlled groups, and how retirement planning within this scheme works. This is a commonly overlooked problem with this arrangement; proceed with caution with your 401k plan administrator.
Taxpayer's Comprehensive Guide to LLCs and S Corps : 2019 Edition