Nathan Rogers32 said:Greetings.
A few of us are considering launching a firm to tackle weekend projects—primarily web development—and I’ve hit a wall trying to find answers to a couple of specific questions online:
1. Is it possible to set up an LLC and essentially forgo drawing a salary during that first year—or some variation of that—until we’ve built up enough capital to secure a proper office space and perhaps hire someone to help execute our ideas?
2. Can we continue with our current day jobs? Essentially, how would spinning up this business affect our existing employment status?
Thanks for reading.
1. It’s a "yes and no" situation. If you're currently employed and making at least $1989 the standard threshold, you can act as directors of a company without being required to draw a specific salary or pay certain payroll taxes. If you're making less than that, the smartest move is to appoint one person who meets that salary requirement as the director, while the rest of you serve as officers. That way, you avoid the rule where if an officer's pay is lower than the director's minimum, they have to bridge that gap with extra tax contributions. You need at least one director because, legally speaking, a company can't function without one.
If you start this thing and everyone is technically unemployed, you need to be careful. At least one person needs to be registered for at least one hour of work per week. The IRS recognizes companies with unemployed directors, but they get twitchy when they see "unemployed" directors performing full-time labor for the company without paying the necessary taxes. If an audit catches you doing regular work without paying into the system, they'll hit you with retroactive tax bills. And trust me, they do that all the time.
2. Not really. Starting a business doesn't change your legal standing with your current employer if you're already employed elsewhere.