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Late tax return and marriage rights of a LLC

Hi, my husband opened a LLC on May of 2008, before that, he just had free-lancers contracts and never had worried about to do his tax return. We are needing it really fast now, I want to know what does he need to do to get it fast and how much it will cost. Do we need a lawyer to help us, or we can do using the internet (filelate.com and others)? Is it secure?
The another advice is: Will my husband and I get any benefit if he put me like owner of the business (49% mine, 51% his), or like his employee with a good salary? I`m Brazilian and I don`t have any credit here, I want to buy my car but my husband`s credit is worse than mine (college loan), so now with the bank crisis it will be almost impossible. I want to know if been onwer of his business with him I can get a bank loan for the business and help him to rebuild his credit, build mine and buy my car... we make a good money with the company, and we can pay a good montly cash on time and rebuild our lives... my husband had to know me to help him to organize his life, hehe, so I want a advice of how to it with a low cost.
Thank you very much!

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Attorney answers (1)

Reputation Level 14
With a one or two member LLC, you can disregard the entity and simply file personal tax returns. You need an accountant to advise you regarding taxes. Certainly a tax lawyer or business lawyer could do so, e.g., I advise my business clients about routine taxes, but the least expensive way to handle the matter is with an accountant. If your husband opened his business in May 2008, he does not have to file a federal return until either March 15 or April 15, 2009, depending on what choices he makes regarding the business.

Your husband can make you a member of the LLC or he can hire you as an employee, assuming you are really working for the company. Again, I think you will find an accountant the best resource. As to whether you can get the loan, I would suggest that you go to a small local bank and speak to them about your options. Also do not overlook the resources of the federal Small Business Administration, which helps small businesses with loans.

Best regards,

Ken
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