quote:
Originally posted by Stoo:
I don't understand the difference you are implying.
I'm not applying it to your situation. You two are working for companies owned by third parties. It was more aimed at Travis, who I thought might be running his consultation business as an S Corp. So I was speaking rather of the problems established S corps can cause for sole proprietors who own them when they try and move their businesses abroad.
For instance, John Doe lives in Oakland and makes paper mache ducks for lonely housewives. One day, after a particularly angry phone call from a housewife who poked herself in the eye with said paper mache duck, John Doe goes to see his lawyer. The lawyer suggests to John that he limit his liability by incorporating his paper mache business. John then goes to an accountant who recommends an S Corp. Since John is just one guy and there's no property involved, the accountant says, it makes a lot more sense than creating a C Corp or LLC.
The accountant fills out all the necessary paperwork for John, names John as the registered agent for the S corp in the state of Cali, as well as the sole stockholder, and registers the corporation with both the state and the IRS. John gets an EIN number, goes and opens a bank account and merchant account in the S Corp's name, and goes back to making paper mache ducks as "Paperducklings, Inc." John has monthly corporate meetings with himself and pays himself a handsome salary. He is named "Employee of the Month" by his S Corp 18 months in a row.
Then, one day, John starts flipping through picture books of Crete. He thinks to himself, "You know, they have a postal service in Crete. Why the hell am I living here in Oakland when I can make the ducks in Crete and sell them over the internet to housewives in the U.S.? And look at this! Expatica.com says my first $80k in sales won't be taxable!"
The problem is, John must first dissolve his S Corp. If John continues to do business as Paperducklings, Inc (an S corp filed in the State of California), and goes to live in Crete, continuing to work as an employee of Paperducklings, Inc, then his first $80k will remain taxable. Why? Because his "tax home" will remain Oakland regardless of the fact that he lives on Crete.
In order to move his tax home to Crete, John must dissolve the the S Corp (or have his accountant do it for him), move to Crete, change the business address on his web site, alert his customers, and leave the Oakland-based Paperducklings, Inc behind. Once he's done that, and he's just John Doe working for John Doe again, without any corporate meetings or employee of the month stickers, the first $80k in profits made through the sale of his paper ducks will be non-taxable. Doesn't matter if the ducks are bought by housewives in Oakland or Knossos.
In other words, a lot of sole proprietors have themselves set up as LLCs or S Corps in the States. But they'll need to dump those businesses and become regular old self-employed bums again in order to met the IRS's "tax home" criteria for the foreign-earned income exemption.
Again, I just brought it up because I figured Travis might be currently running his business as an S Corp. Looks like that isn't the case, however, so his transition process should be pretty easy.