You’ve got a great business idea, and you’d love to bring it to life. Being your own boss would be an amazing perk too.
However, you’re only one person with limited capabilities. To prevent yourself from burning out, you’ll need to bring other people on board.
You’re the initial business creator and owner, but that doesn’t necessarily mean all profits should go to you. Everyone else needs a fair share to keep things running smoothly.
If you’re creating an LLC and are planning on having partners, then read on. Here’s a thorough guide to LLC profit distribution.
Review Your Operating Agreement
In most states, you aren’t required by law to write an operating agreement when forming an LLC. However, it’s worth the extra effort since it outlines your business operations and is used to settle legal disputes.
More importantly, the operating agreement explains how your LLC will be managed. This means that if you’re asking, “How is the distribution of profit and losses handled in an LLC?” then the answer should be in this document. It’s possible that your LLC’s operating agreement will specify different classes of membership interests and their corresponding rights to profits.
Otherwise, if this document doesn’t outline profit distribution rules, then you’ll follow the default profit allocation rules for the state your LLC is in.
Allocation of Profits
When going over your operating agreement, you’ll probably see an outline of each member’s percentage ownership interest in the company. Or, if you’re starting your LLC, this is vital information to have. This should be the way you distribute the LLC’s profits, although you don’t always have to go this route.
Instead, the operating agreement may allow for special allocations, as long as they comply with IRS regulations. This means that profits are distributed in a way that doesn’t directly correlate with ownership percentages, which can be beneficial for tax planning purposes. For example, a two-owner LLC can have its profits split equally if one partner is a silent partner who contributes money but not time in the store, and the other does the opposite.
In addition, there may be the consideration of capital contributions. Some operating agreements will factor in the initial financial contributions people have made. This will impact the distribution of profits too.
Frequency of Distributions
You might be wondering, “How often can an LLC make distributions?” Well, the answer is that it’s up to the members.
In most cases, LLC owners may agree to receive regular, periodic distributions, such as monthly or quarterly payments. Others will agree to receive distributions based on specific events, such as the sale of assets, a significant business milestone, or at the end of the fiscal year.
Retained Earnings
It’s common for LLC members to reinvest their profits back into the business to encourage growth. They can also do so to expand the company or to reduce its debts.
Again, how they do this and what the money is applied to should be outlined in the operating agreement.
Unanimous Consent
Some LLCs may require unanimous consent for certain major decisions, which includes significant profit distributions. Check with your operating agreement to see if all members must agree before receiving money.
Tax Implications of Profit Distributions for LLC Members
Understand that the government views LLCs as pass-through entities for tax purposes. What this means is the company doesn’t have its own income taxes; instead, each partner pays a percentage of its profits through their personal tax return, which can be advantageous, considering that members pay taxes based on their own tax bracket.
Do note that this happens even if the profits aren’t actually distributed or are retained for future usage. Once they are, the members won’t have to pay additional income taxes. This is because the amount is considered a return on the member’s investment or capital.
The exception to the above is if you get a distribution that’s higher than your tax basis. The excess is treated as a capital gain, which means they’re subject to capital gains tax rates. That’s not always bad news, as these may be lower than regular income tax rates.
You can use special allocations for tax planning to further align with each individual’s tax situation. This is best done by consulting with a tax professional since they can help you navigate tax planning, compliance, and reporting requirements.
Tax Reporting
LLC members will receive a Schedule K-1 form. This outlines their share of:
- Profits
- Deductions
- Credits
This information is then used to report income on the member’s individual tax return.
Documentation and Amendments
Obviously, you’ll need to maintain detailed records of profit distributions. The key information you record should be:
- Amounts distributed to each member
- Date of distribution
- Relevant supporting documentation
Situations often change for LLC members, and reasonably, they’ll want amendments made to the operating agreement. The good news is that this is doable, as long as the members all consent to changes in the profit distribution structure.
Needless to say, it can be invaluable to seek legal and financial advice when drafting and/or amending your LLC’s operating agreement. That way, you ensure that you’re compliant and that the provisions align with the goals of your business.
It’s also beneficial to use Business Anywhere’s professional business registration services. Not only does it take only a couple of minutes for you to fill out our form, but we’ll also give you an extensive operating agreement template.
Practice Fair LLC Profit Distribution
LLC profit distribution can be a challenging topic to understand and get right. However, if you research your state laws and are proactive in being compliant, plus you consult with experts, you can’t go wrong.
So don’t try to save some money by forming an LLC and writing up relevant documents on your own. Having the guidance of pros will be completely worth the money spent.
Feeling confident now that you know more about LLCs? Then sign up with Business Anywhere. Use our comprehensive services to form an LLC quickly and easily.
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