I’m nearing the acquisition of a company and need to decide between forming an LLC or a C-Corp. I’m leaning towards a C-Corp due to the potential benefits of QSBS, but I want to ensure my thinking is correct. For a C-Corp, the federal tax rate is 21%, and the state corporate tax rate is 7.5%, resulting in a combined tax rate of 28.5%. When considering the second layer of taxation on distributions (assuming a 20% tax on dividends), the effective tax rate rises to 42.8%. For an LLC, I initially assumed a 37% federal tax rate based on the highest marginal rate for individuals. Although this isn’t the effective rate, I felt it was reasonable since most investors are likely high earners. Adding a 4.25% state tax, the total LLC tax rate would be around 41.25%. This suggests that a C-Corp could result in about 1.55% higher taxes compared to an LLC, but with the potential long-term benefits of QSBS. A few assumptions I’m making: 1. C-Corp distributions to equity holders are taxed at 20%. Is this accurate? 2. Distributions would go to equity investors with a 1x liquidation preference, which is PIKing at 8%, and would be used to pay them back. Given this analysis, doesn't the C-Corp structure seem more advantageous overall? Am I missing anything? Additional Context: I don’t anticipate making many distributions, as profits will primarily be used for debt repayment or M&A. I expect to make only one distribution to repay equity investors' liquidation preferences.
More on Searchfunder
Searchfunder is an online community and toolkit for searchfunds. Over 80% of those involved in searchfunds maintain a Searchfunder.com account to help them network, problem solve challenges, and keep up with the industry.
We maintain partnerships with database providers that make searching more effective, efficient and affordable along with features that help searchers find deals and investors and vice versa.
We maintain partnerships with database providers that make searching more effective, efficient and affordable along with features that help searchers find deals and investors and vice versa.
C-Corp will be nicer for your investors if your tax returns are delayed. Many investors hate the delay in getting a K-1, which you will avoid with the C.
QSBS is a nice hedge right now, as future capital gains taxes are being discussed for possible increase.