Full-time work + running small side business: Best business structure for taxes?
You should look into an LLC.  Its a fairly simple process, and the income simply flows through to your individual return.  It will allow you to deduct supplies and other expenses from that income.  It should also protect you if someone sues you for doing shoddy work (even if the work was fine), although you would need to consult a lawyer to be sure. For last year, it sounds like your taxes were done wrong.  There are very, very few ways that you can end up adding more income and earning less after taxes. I'm tempted to say none, but our tax laws are so complex that I'm sure you can do it somehow. "A tax return is a document you sign and file with the government to self-report your tax obligations. A tax refund is the payment you receive from the government if your payments into the tax system exceeded your obligations.  As others have mentioned, if an extra $2K in income generated $5K in taxes, chances are your return was prepared incorrectly. The selection of an appropriate entity type for your business depends a lot on what you expect to see over the next several years in terms of income and expenses, and the extent to which you want or need to pay for fringe benefits or make pretax retirement contributions from your business income. There are four basic flavors of entity which are available to you: Sole proprietorship. This is the simplest option in terms of tax reporting and paperwork required for ongoing operations. Your net (gross minus expenses) income is added to your wage income and you'll pay tax on the total. If your wage income is less than approximately $100K, you'll also owe self-employment tax of approximately 15% in addition to income tax on your business income. If your business runs at a loss, you can deduct the loss from your other income in calculating your taxable income, though you won't be able to run at a loss indefinitely. You are liable for all of the debts and obligations of the business to the extent of all of your personal assets. Partnership. You will need at least two participants (humans or entities) to form a partnership. Individual items of income and expense are identified on a partnership tax return, and each partner's proportionate share is then reported on the individual partners' tax returns. General partners (who actively participate in the business) also must pay self-employment tax on their earnings below approximately $100K. Each general partner is responsible for all of the debts and obligations of the business to the extent of their personal assets. A general partnership can be created informally or with an oral agreement although that's not a good idea. Corporation. Business entities can be taxed as ""S"" or ""C"" corporations. Either way, the corporation is created by filing articles of incorporation with a state government (doesn't have to be the state where you live) and corporations are typically required to file yearly entity statements with the state where they were formed as well as all states where they do business. Shareholders are only liable for the debts and obligations of the corporation to the extent of their investment in the corporation. An ""S"" corporation files an information-only return similar to a partnership which reports items of income and expense, but those items are actually taken into account on the individual tax returns of the shareholders. If an ""S"" corporation runs at a loss, the losses are deductible against the shareholders' other income.  A ""C"" corporation files a tax return more similar to an individual's. A C corporation calculates and pays its own tax at the corporate level. Payments from the C corporation to individuals are typically taxable as wages (from a tax point of view, it's the same as having a second job) or as dividends, depending on how and why the payments are made. (If they're in exchange for effort and work, they're probably wages - if they're payments of business profits to the business owners, they're probably dividends.) If a C corporation runs at a loss, the loss is not deductible against the shareholders' other income.  Fringe benefits such as health insurance for business owners are not deductible as business expenses on the business returns for S corps, partnerships, or sole proprietorships. C corporations can deduct expenses for providing fringe benefits.  LLCs don't have a predefined tax treatment - the members or managers of the LLC choose, when the LLC is formed, if they would like to be taxed as a partnership, an S corporation, or as a C corporation. If an LLC is owned by a single person, it can be considered a ""disregarded entity"" and treated for tax purposes as a sole proprietorship. This option is not available if the LLC has multiple owners.  The asset protection provided by the use of an entity depends quite a bit on the source of the claim. If a creditor/plaintiff has a claim based on a contract signed on behalf of the entity, then they likely will not be able to ""pierce the veil"" and collect the entity's debts from the individual owners. On the other hand, if a creditor/plaintiff has a claim based on negligence or another tort-like action (such as sexual harassment), then it's very likely that the individual(s) involved will also be sued as individuals, which takes away a lot of the effectiveness of the purported asset protection. The entity-based asset protection is also often unavailable even for contract claims because sophisticated creditors (like banks and landlords) will often insist the the business owners sign a personal guarantee putting their own assets at risk in the event that the business fails to honor its obligations.  There's no particular type of entity which will allow you to entirely avoid tax. Most tax planning revolves around characterizing income and expense items in the most favorable ways possible, or around controlling the timing of the appearance of those items on the tax return." I have a very similar situation doing side IT projects.  I set up an LLC for the business, created a separate bank account, and track things separately.  I then pay myself from the LLC bank account based on my hours for the consulting job.  (I keep a percentage in the LLC account to pay for expenses.)  I used to do my taxes myself, but when I created this arrangement, I started having an accountant do them.  An LLC will not affect your tax status, but it will protect you from liability and make things more accountable come tax time.
The doing of it, the actual floral design part, is a small part of what that business is going to need. The needs of a small business are huge and varied.  For instance,  somebody will need to do the Quickbooks, handle the register and cash,  handle clients and follow-up.   Do payroll even if it is just the two of you. Handle insurance.  Place orders for inventory, develop relationships with suppliers to keep costs down. Do marketing. Calculate profitability and use that to determine pricing,  specials,  and discounting on bulk orders. Clean the shop and enable your flower arranger to work effeciently.  Need employees?  Then get ready for applications, interviews,  onboarding, reviews,  coaching,  and firing. Create checklists and best practices.  The Small Business Association is your friend. It's a government program that is already paid for by you,  and the employees are generally successful entrepreneurs that just don't feel like doing the 80 hours a week anymore. They will be so happy to mentor you and can really assist if you are looking for a loan to start up.   Small business isn't for everybody.  I think most people would rather work 40 hours a week for somebody else. If none of this scares you off, you might have what it takes. Starting and running a business is incredibly rewarding for me emotionally and financially and I wouldn't trade it for any job on the planet. If you have the skills and the desire, you can start small as a side business while working a regular job. Get client referrals from friends and friends of friends that utilize your services. I know a few small business owners who started companies exactly that way. Eventually their side gig, became their main gig. Some sold out for millions and others are enjoying what they do, and now employ other people to assist them. Yup. I scrutinize the income statement I receive from my employer every year. What I make vs what the company actually invests in me as an employee is really astounding. Beyond my hourly wage, the company pays for my health insurance premium (all but $10/check), and pays for a medical flex-spending account. On top of this (I know this isn't taxes but it's still an expense and government sanctioned) if I do some dumbass thing to get myself hurt at work, they'd pay all medical bills since it happened on their property.   We recently had a bit of a wake-up call this summer, as the board of directors warned everyone that the current medical plan our company provides to us is not sustainable, and will have to undergo changes (we're going to either start paying for our premiums, decrease our flex accounts, or charge smokers additional fees) beginning Jan 1st. Lots of people are complaining about this. I don't think they're aware of the horde of expenses and fees that the company swallows for them in other ways.  There's property taxes, business income taxes, excise taxes, customs/duty taxes, state taxes... along with meeting the restrictions and standards of certain governmental agencies (like OSHA). I don't know how a small business owner could ever maintain control over all of this financial mess and be able to help their customers or other employees.   There's OSHA, a profit-seeking (through citations) business now, instead of a partner and ally to businesses. A typical 'violation' is $70K, and a 'repeat' violation is $140K. Imagine running a small grocery store, and having to pay this fine because you accidentally had a piece of styrofoam lying on top of a cooler not built to withstand overhead weight. Or because someone wasn't wearing safety shoes in the store. You'd simply go out of business. Seek professional advice as duffbeer703 has suggested already.  Very important! Consider incorporating.  If your income will fluctuate year to year, you can keep profit in the corporation, taxed in its hands at the Canadian small business rate, since such corporate income below $500,000 would likely qualify for the small business deduction. You could pay  retained earnings to yourself as dividends over more than one year in order to lessen the personal tax burden. If you don't incorporate, all your profits in the year they are earned are taxed at personal income tax rates, and with our progressive income tax system, taking the tax hit all in one year can be expensive.  However, if this project is a one-off and you're not likely to continue working like this, you might not want the overhead of a corporation.  Taxes aside, there are also legal issues to consider vis-a-vis incorporating, or not. A professional can help you make this decision.   Yes, you can claim deductions for reasonable business expenses, whether or not you are incorporated. No, you can't do free work on the side and claim it as donations.  It's nice to volunteer, but you wouldn't get a charitable tax credit for your time, only for money or goods donated. Consider opening an RRSP so you can start saving for retirement and get a tax deduction for any contributions you make.  This is but one strategy to reduce your tax.  There are others.  For instance, if you are a student, you perhaps have some unused tuition credits that you could claim in your first year with higher income. Oh, and seek professional advice!   ;-) If you're doing a little paid work on the side I would think twice about setting up a limited company due to the expense and administrative overhead. A limited company has a couple of benefits (assets and liabilities of the company are separate from your personal assets and liabilities, which I see as a big bonus) but it's not worth it for a few hundred or even a couple of thousand a year. You can get a lot of the tax benefits simply by working as a sole trader (and you'd have to do a tax return every year) as you're still able to deduct any expenditure incurred in the process of your side business from the income and thus lower your taxes on it. You'd also want to make sure that you have a separate bank account for the side business so you don't mix it with your personal accounts (makes it easier to admin). Just keep in mind that this is for expenses wholly incurred in the process of doing business - try to claim on a PC that also doubles as a gaming rig might be an issue :). You're best off discussing this with an accountant who can talk you through the various alternatives and advise if it's worth the headache. I'll start with the bottom line. Below the line I'll address the specific issues. Becoming a US tax resident is a very serious decision, that has significant consequences for any non-American with >$0 in assets. When it involves cross-border business interests, it becomes even more significant. Especially if Switzerland is involved. The US has driven at least one iconic Swiss financial institution out of business for sheltering US tax residents from the IRS/FinCEN. So in a nutshell, you need to learn and be afraid of the following abbreviations: and many more. The best thing for you would be to find a good US tax adviser (there are several large US tax firms in the UK handling the US expats there, go to one of those) and get a proper assessment of all your risks and get a proper advice. You can get burnt really hard if you don't prepare and plan properly. Now here's that bottom line. Q) Will I have to submit the accounts for the Swiss Business even   though Im not on the payroll - and the business makes hardly any   profit each year. I can of course get our accounts each year - BUT -   they will be in Swiss German! That's actually not a trivial question. Depending on the ownership structure and your legal status within the company, all the company's bank accounts may be reportable on FBAR (see link above). You may also be required to file form 5471. Q) Will I need to have this translated!? Is there any format/procedure   to this!? Will it have to be translated by my Swiss accountants? - and   if so - which parts of the documentation need to be translated!? All US forms are in English. If you're required to provide supporting documentation (during audit, or if the form instructions require it with filing) - you'll need to translate it, and have the translation certified. Depending on what you need, your accountant will guide you. I was told that if I sell the business (and property) after I aquire a   greencard - that I will be liable to 15% tax of the profit I'd made.  Q) Is this correct!? No. You will be liable to pay income tax. The rate of the tax depends on the kind of property and the period you held it for. It may be 15%, it may be 39%. Depends on a lot of factors. It may also be 0%, in some cases. I   also understand that any tax paid (on selling) in Switzerland will be   deducted from the 15%!? May be. May be not. What you're talking about is called Foreign Tax Credit. The rules for calculating the credit are not exactly trivial, and from my personal experience - you can most definitely end up being paying tax in both the US and Switzerland without the ability to utilize the credit in full. Again, talk to your tax adviser ahead of time to plan things in the most optimal way for you. I will effectively have ALL the paperwork for this - as we'll need to   do the same in Switzerland. But again, it will be in Swiss German. Q) Would this be a problem if its presented in Swiss German!? Of course. If you need to present it (again, most likely only in case of audit), you'll have to have a translation. Translating stuff is not a problem, usually costs $5-$20 per page, depending on complexity. Unless a lot of money involved, I doubt you'll need to translate more than balance sheet/bank statement. I know this is a very unique set of questions, so if you can shed any   light on the matter, it would be greatly appreciated. Not unique at all. You're not the first and not the last to emigrate to the US. However, you need to understand that the issue is very complex. Taxes are complex everywhere, but especially so in the US. I suggest you not do anything before talking to a US-licensed CPA/EA whose practice is to work with the EU/UK expats to the US or US expats to the UK/EU. I do NOT know the full answer but I know here are some important factors that you need to consider : Do you have a physical location in the United States? Are you working directly from Canada? With a office/business location in the United States your tax obligation to the US is much higher. Most likely you will owe some to the state in which your business is located in Payroll Tax : your employer will likely want to look into Payroll tax, because in most states the payroll tax threshold is very low, they will need to file payroll tax on their full-time, part-time employees, as well as contractor soon as the total amount in a fiscal year exceeds the threshold Related to No.1 do you have a social security number and are you legally entitled to working in the States as an individual. You will be receiving the appropriate forms and tax withholding info Related to No.3 if you don't have that already, you may want to look into how to obtain permissions to conduct business within the United States. Technically, you are a one person consulting service provider. You may need to register with a particular state to obtain the permit. The agency will also be able to provide you with ample tax documentations.  Chances are you will really need to piece together multiple information from various sources to resolve this one as the situation is specific. To start, look into consulting service / contractor work permit and tax info for the state your client is located in. Work from state level up to kick start your research then research federal level, which can be more complex as it is technically international business service for Canada-US It would be quite the trick for (a) the government to run all year and get all its revenue in April when taxes are due and (b) for people to actually save the right amount to be able to cut that check each year. W2 employers withhold the estimated federal and state taxes along with the payroll (social security) tax from each paycheck. Since the employer doesn't know how many kids you have, or how much mortgage interest, etc you will take deductions for, you can submit a W4 form to adjust withholdings.   The annual Form 1040 in April is to reconcile exact numbers, some people get a refund of some of what they paid in, others owe some money.  If one is self-employed, they are required to pay quarterly estimated taxes. And they, too, reconcile exact numbers in April.