Legal Question in Business Law in Delaware

small business- LLC

can an owner of a LLC be paid a salary as well as be treated like an owner?


Asked on 4/13/09, 2:30 pm

2 Answers from Attorneys

Barry Kozyra Kozyra & Hartz, LLC

Re: small business- LLC

Yes is the simple answer. But the question is, what does the Operating Agreement (or any other corporate document) state?

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Answered on 4/13/09, 4:20 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: small business- LLC

If the LLC is multi-member and taxed as a partnership, most distributions are considered an "owner's draw." Nevertheless, if there is a guaranteed salary, that guaranteed portion could be treted as a salary.

I hope this helps!

Ron Cappuccio

http://www.TaxEsq.com

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Answered on 4/13/09, 4:44 pm


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