Henry Edwards33 said:Zero taxes are being paid. And honestly, we aren't an outlier here; I could probably name ten different companies operating under this exact same setup.
I’m curious—assuming Aurora is right, what happens if a company simply doesn't have the cash flow to hire a director or cover their salary?
Here is how it was explained to me, following the advice of notary publics, accountants, and colleagues alike;
When you first incorporate, you
have to designate a director. Since there were two of us starting out, the notary told us that someone
must hold the director title, though we had the option (but weren't required) to both serve in that capacity. In my company, I am the sole director. It’s the same thing when you go to open a business account at a bank like Chase; they demand a copy of the director's ID and their signature. They don't bother asking about the other partners.😁
If the Secretary of State's website lists you as a "Member of the Board" who represents the company individually and independently—that essentially makes you the director.
If the director is an employee, or if the company hasn't officially kicked off its "actual operations" yet (as I mentioned above regarding dormancy), no one is strictly required to be an employee of the firm.
However, if the director is unemployed and the company is active (once operations begin, there isn't really a way to go back to being dormant), they are required to pay their own payroll taxes. They can waive their salary due to the company's poor financial state, but those taxes still have to be covered.
Now, it isn't mandatory for that director to be insured specifically as a director. That is to say, they don't necessarily have to sign an employment contract with the firm for a directorial role. They can technically create another job title within the company and sign the contract on both sides 🙂.
For example, an administrator. You’d pay payroll taxes based on a net of roughly $0.83 around $0.45.
If the director has no money for taxes and isn't working anywhere else, I suspect there aren't many options left.
In your specific situation, it might be best for your colleague to be a member of the board while you act as the director. Problem solved. It's certainly cheaper than dealing with all those tax obligations.