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LLC : Short Term Capital Gains Taxes, or Ordinary IncomeI have a question about taxes, if anyone can shed some light from personal experience and know-how. Scenario: I form a company, LLC or S-Corp, capitalize it, and use this as a vehicle for property investments and property sales (rentals and flips primarily). I purchase a distressed property (eg. foreclosure), fix it, flip it. My net profit from the sale is $10,000.00 (for easier math), and I sold the property 3 months after I acquired it. On the surface, this is a short term capital gains transaction, and as such the profits will be taxed at income rate for each partner in the LLC, or shareholder of the S-Corp. This could be a fairly steep 35%, or $3500.00. This is if I do not roll this profit back in to purchase another property. Does it matter? My question is this. Under a corporate facade, S-Corp or LLC, is this profit realized as a short term capital gains, or is it realized as ordinary income to the company? If it is short term capital gains, them I'm done, and I owe $3500.00 on that $10,000.00 profit, no matter what. However, if this is classified as ordinary income to the company, then I take that profit and use it towards the purchase of my next flip. Now this money was put towards expenses, and thus it is no longer profit. I continue along this line, always rolling all profits back into purchasing more inventory for the business. The goal here is to realize very little operating profit by year's end, except for the amounts we wish to take out as owner's profits, which of course are then taxed at ordinary income rate for each owner. So, my question is, as an LLC or S-Corp, are profits from a short term sale (<1 yr) considered short term capital gains, or are they considered ordinary income? Follow Ups:
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