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Hi Guys, I am considering creating an LLC in Colorado. My wife and I would like be partners, but I am concerned that by doing so, we will not be able to take advantage of many non taxable fringe benefits that would be available to owners of C corps. From what I have been reading, we would not be able to have a deductible medical reimbursement plan and there would be restrictions on a deductible day care expenses plan -- since we would be the owners. Do the IRS statutes severely curtail LLCs providing non taxable fringe benefits to members/partners? Should I reduce my wife's participation to, say, 10% (or 1%) and then have her be an employee of the LLC? (so that she can have receive full benefit of heath insurance and day care reimbursement -- and through her, our family?) Or is even this lower level of participation too much? Is this a way to get around the major restrictions on fringe benefits available to owners/partners? My wife will be a passive member. In other words, she will not be involved with any decision making at all. Would it be appropriate to have her as an employee (with W-2 income) to do filing, record keeping, data entry, etc? Of course, I could avoid all this brainstorming by just forming a one member LLC (me alone). But we would prefer to be a partnership so that we can show income and expenses on a 1065 rather than a Sched C. I could also have my father or a brother (in a foreign country) be members (and my wife an employee of the LLC with no membership/partnership stake). But I am not sure how income to non citizen (and non resident) partners/members would be taxed. In such an arrangement Is it essential that all, members receive distributions? If so, how would these distributions be taxe? The non resident father and brother do not file US tax returns. Any suggestions would be greatly appreciated. Alfred.
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