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2012-11-16 9:25 AM

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Subject: If you have a LLC... tell me about it.
I need to create a LLC for a business I'm starting in January 2013.

How does a LLC work? How do I start it? Is it hard to file taxes?

I'm guessing a LLC is what I need... based on what I talked about with some people. It's just going to be my on-the-side coaching business. No employees, etc.

Or should I do a DBA?

Thanks for the help!



2012-11-16 9:28 AM
in reply to: #4500438

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Subject: RE: If you have a LLC... tell me about it.

KSH - 2012-11-16 9:25 AM I need to create a LLC for a business I'm starting in January 2013. How does a LLC work? How do I start it? Is it hard to file taxes? I'm guessing a LLC is what I need... based on what I talked about with some people. It's just going to be my on-the-side coaching business. No employees, etc. Or should I do a DBA? Thanks for the help!

I would look into an S-Corp for tax purposes. (what my company is)

With an LLC your company has to pay taxes on the profit and then you have to pay taxes on your pay, so you end up getting double taxed.  With an S-Corp all corporate profit rolls through to your personal income tax return so you only have to pay taxes on it once.

2012-11-16 9:51 AM
in reply to: #4500438

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Veteran
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Colorful Colorado
Subject: RE: If you have a LLC... tell me about it.
My company is an LLC.  You can set up an LLC as a "disregarded entity" so all profits roll through to you and there is no double taxation.   On one hand, there is a bit less paperwork as an LLC than an S-corp.  On the other hand, taxes can be lower on an S-corp because you can split your profit into part salary and part other (sorry -- dont know the term for the "other").  And social security tax only applies to the salary part.  Any CPA should be able to walk you through the decision and paper-filing.

Good luck with the business!
2012-11-16 9:56 AM
in reply to: #4500438

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Champion
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Dallas, TX
Subject: RE: If you have a LLC... tell me about it.
Thanks for the information! Gosh, now I have to chose between two?

A CPA sounds expensive and I'm trying to keep costs down.

I'll do my research and see if I'll need to fork over the money for some help. I really don't want to screw up on the taxes portion of it though. Worth the money up front to cover my rear in the end!

2012-11-16 10:05 AM
in reply to: #4500443

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Subject: RE: If you have a LLC... tell me about it.
tuwood - 2012-11-16 9:28 AM

KSH - 2012-11-16 9:25 AM I need to create a LLC for a business I'm starting in January 2013. How does a LLC work? How do I start it? Is it hard to file taxes? I'm guessing a LLC is what I need... based on what I talked about with some people. It's just going to be my on-the-side coaching business. No employees, etc. Or should I do a DBA? Thanks for the help!

I would look into an S-Corp for tax purposes. (what my company is)

With an LLC your company has to pay taxes on the profit and then you have to pay taxes on your pay, so you end up getting double taxed.  With an S-Corp all corporate profit rolls through to your personal income tax return so you only have to pay taxes on it once.

I don't think this is accurate. LLCs are taxed similarly to SCorps, only once, at the personal level. Both are pass-through entities.
2012-11-16 12:28 PM
in reply to: #4500438

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Master
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Subject: RE: If you have a LLC... tell me about it.

Because I am a Licensed Educational Psychologist, I cannot set-up a traditional company.

California has professional corporations that don't allow anyone with a professional license (therapists, MDs...) separate malpractice liability from personal practice liability.

If you hare working under a certain license check this out.



2012-11-16 12:43 PM
in reply to: #4500507

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Subject: RE: If you have a LLC... tell me about it.
KSH - 2012-11-16 10:56 AM

Thanks for the information! Gosh, now I have to chose between two?

A CPA sounds expensive and I'm trying to keep costs down.

I'll do my research and see if I'll need to fork over the money for some help. I really don't want to screw up on the taxes portion of it though. Worth the money up front to cover my rear in the end!



A CPA may be "expensive" so may a lawyer, but do you want to do it "right" or have to do it "over" or regret that you didn't spend the $$ up front to save you later?
2012-11-16 1:32 PM
in reply to: #4500438

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Master
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Lake Norman, NC
Subject: RE: If you have a LLC... tell me about it.

My wife's business used to be an LLC.

  • Basically you have "partners" with an ownership percentage, not an "owner".
  • The profit/loss on an LLC is not taxed.  It rolls over to your personal tax report and you pay based on it being earned income.
  • You need to research and/or talk to an accountant or tax attorney who understands the laws in Texas...  Tax rates could change based on the majority partner's income.  For example; in NC, because of the state tax laws, it was better to have me listed as 75% partner because of my work income as compared to my wife's which was solely from the LLC.  Since we file jointly, it's legal.
  • The LLC prtoects your personal posessions and income whereas a sole proprietorship does not.  If your on-the-side coaching business is sued, they can't go after your personal home, income, etc.
  • There are annual fees associated with an LLC paid to the State Secretary of State.  Find out how much.  NC is $200.  2 years ago, they institued the PLLC (Professional Limited Liability Corp) for small businesses like my wifes and yours.  The annual fee for that is only $15!
  • I wouldn't do a Corp or S-Corp as you'll be double-taxed.  Unless you want to set up a 401k or retirement plan through the business.

I just checked.  YES, Texas has a PLLC.  I would consider this!

http://texascommerciallaw.blogspot.com/2011/05/what-is-texas-pllc.html

http://www.business.texasonline.com/guide/tpllc.jsp?lang=en

http://www.google.com/url?

2012-11-16 2:34 PM
in reply to: #4500978

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Champion
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Subject: RE: If you have a LLC... tell me about it.
Another professional who might be able to help you sort this out is a tax accountant and they may be less expensive than a lawyer.  I think this is who advised my husband when he had an s-corp (set up when he was a consultant at his current employer).  You might also need their help to do your taxes, so you might want to start there.    I personally think this is worth a few hundred bucks for advice.
2012-11-16 2:43 PM
in reply to: #4500978

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Subject: RE: If you have a LLC... tell me about it.
Bigfuzzydoug - 2012-11-16 1:32 PM

My wife's business used to be an LLC.

  • Basically you have "partners" with an ownership percentage, not an "owner".
  • The profit/loss on an LLC is not taxed.  It rolls over to your personal tax report and you pay based on it being earned income.
  • You need to research and/or talk to an accountant or tax attorney who understands the laws in Texas...  Tax rates could change based on the majority partner's income.  For example; in NC, because of the state tax laws, it was better to have me listed as 75% partner because of my work income as compared to my wife's which was solely from the LLC.  Since we file jointly, it's legal.
  • The LLC prtoects your personal posessions and income whereas a sole proprietorship does not.  If your on-the-side coaching business is sued, they can't go after your personal home, income, etc.
  • There are annual fees associated with an LLC paid to the State Secretary of State.  Find out how much.  NC is $200.  2 years ago, they institued the PLLC (Professional Limited Liability Corp) for small businesses like my wifes and yours.  The annual fee for that is only $15!
  • I wouldn't do a Corp or S-Corp as you'll be double-taxed.  Unless you want to set up a 401k or retirement plan through the business.

I just checked.  YES, Texas has a PLLC.  I would consider this!

http://texascommerciallaw.blogspot.com/2011/05/what-is-texas-pllc.html

http://www.business.texasonline.com/guide/tpllc.jsp?lang=en

http://www.google.com/url?

Looks like I was mistaken on the LLC double taxation.  I was thinking C-Corp when I was writing about the LLC.  I can say with certainty though that an S-Corp is not double taxed. The primary reason for doing an S-Corp is to avoid double taxation.  (My company is an S-Corp)

from: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/S-Corporations

S corporations are corporations that elect to pass corporate income, losses, deductions and credit through to their shareholders for federal tax purposes. Shareholders of S corporations report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates. This allows S corporations to avoid double taxation on the corporate income.

I did find this link that describes some of the differences between S-Corp and LLC.

http://www.businessknowhow.com/startup/llc-scorp.htm

2012-11-16 3:41 PM
in reply to: #4500443

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Champion
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SRQ, FL
Subject: RE: If you have a LLC... tell me about it.
tuwood - 2012-11-16 10:28 AM

KSH - 2012-11-16 9:25 AM I need to create a LLC for a business I'm starting in January 2013. How does a LLC work? How do I start it? Is it hard to file taxes? I'm guessing a LLC is what I need... based on what I talked about with some people. It's just going to be my on-the-side coaching business. No employees, etc. Or should I do a DBA? Thanks for the help!

I would look into an S-Corp for tax purposes. (what my company is)

With an LLC your company has to pay taxes on the profit and then you have to pay taxes on your pay, so you end up getting double taxed.  With an S-Corp all corporate profit rolls through to your personal income tax return so you only have to pay taxes on it once.

You have this backwards...

An LLC is a pass-thru operation.  The profits or losses from the LLC pass through to your personal taxes.  The LLC pays no taxes.

I've been an LLC for 8+ years now. You don't want to be an S-corp at this point.  There are little advantages for a small business.  You can change to an S-corp later.



Edited by TriRSquared 2012-11-16 3:43 PM


2012-11-16 4:23 PM
in reply to: #4500438

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Pro
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Husker Nation
Subject: RE: If you have a LLC... tell me about it.
We're also an S-corp (just me and my wife as owners and employees) and we got specific tax advice to go that route from two separate CPAs, so we're confident we made the right decision. The nice thing about an S-corp (not sure if it's also available with an LLC) is the K1 distribution, which ends up saving you quite a bit in taxes when you make a portion of your income as a "dividend" (since you're a shareholder in your one or two person company).

Really what you need to look at when forming a corporation is the risk you're taking if you do business as a sole proprietor. If you run a restaurant as a sole proprietor and end up poisoning everyone, all of your personal assets are at risk. If you run the restaurant as a corporation, your personal assets are basically off limits. Are people likely to sue you as a coach? If not, you can probably do well just doing business as a sole proprietor with some liability or E&O type of insurance (I'm obviously not an insurance guy).

Obviously this is where a CPA is very helpful and can save you lots of money over tripping around trying to figure it out on your own.
2012-11-16 4:41 PM
in reply to: #4500438

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Champion
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Atlanta, Ga
Subject: RE: If you have a LLC... tell me about it.

You can set up an LLC quickly and 'cheaply' via LegalZoom.com 

It's a simple process and very necessary.  The biggest reason you want that is because it separates YOUR assets from your Coaching Biz assets.  Meaning if for some strange reason someone sues you in a coaching capacity or a business capacity, they can go after your $300, logo'd tent and flag but not your house and car.

Make sense?

2012-11-16 4:57 PM
in reply to: #4501255

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Subject: RE: If you have a LLC... tell me about it.
TriRSquared - 2012-11-16 3:41 PM
tuwood - 2012-11-16 10:28 AM

KSH - 2012-11-16 9:25 AM I need to create a LLC for a business I'm starting in January 2013. How does a LLC work? How do I start it? Is it hard to file taxes? I'm guessing a LLC is what I need... based on what I talked about with some people. It's just going to be my on-the-side coaching business. No employees, etc. Or should I do a DBA? Thanks for the help!

I would look into an S-Corp for tax purposes. (what my company is)

With an LLC your company has to pay taxes on the profit and then you have to pay taxes on your pay, so you end up getting double taxed.  With an S-Corp all corporate profit rolls through to your personal income tax return so you only have to pay taxes on it once.

You have this backwards...

An LLC is a pass-thru operation.  The profits or losses from the LLC pass through to your personal taxes.  The LLC pays no taxes.

I've been an LLC for 8+ years now. You don't want to be an S-corp at this point.  There are little advantages for a small business.  You can change to an S-corp later.

You're confusing me.  lol

I did similar to Brian and hired a CPA as well as an attorney when we incorporated.  He said by far S-Corp was the way to go for tax purposes.  I draw a fairly low salary which is taxed at ordinary income including the combined 15% (or whatever it is) SSI tax.  I then take the bulk of my pay as a monthly distribution.  At the end of the year whatever net profit/loss is left flows down to my personal income tax return with a Schedule K-1.

2012-11-16 5:48 PM
in reply to: #4500438

Veteran
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Ohio
Subject: RE: If you have a LLC... tell me about it.

 IMHO, there advantages and disadvantages of LLC's, S-corps, and C-corp's and the best in your circumstances depends on what your business particulars are, size, # employees, etc and the TAX consequences.  If you are a sole proprietor, with no employees and your only concern is liability, just stay  a sole proprietor and get more liability insurance.  Much cheaper and accomplishes what you want.  Setting up an LLC just for liability protection is a wast of maney and does not always give you the protection you think you are getting. 

2012-11-16 8:41 PM
in reply to: #4500438

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Champion
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Dallas, TX
Subject: RE: If you have a LLC... tell me about it.
Thanks everyone! I am still reading. On my phone so can't type out a long response.


2012-11-17 7:20 AM
in reply to: #4500438

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Subject: RE: If you have a LLC... tell me about it.
I'm an LLC in PA, with my husband and I being 50/50 partners.

We both offer consultancy services/etc.

The process of setting up in PA was really simple, two or three forms, a filing, etc.

When we invoice our clients, I have checks written to the LLC. I have a checking account in the name of the LLC at our bank. I put in a percentage of the money to pay taxes, buy supplies (which I have my clients reimburse to me +10% generally), etc. Then a percentage gets transferred to my personal checking, in my name, for essentially my "payday".

When I write the state/local tax collector checks, that money comes from my PERSONAL account, not from the LLC account, because the LLC is a disregarded entity. The nature of my business is such that I don't have a lot of "overhead"...my services are largely done on-site using materials provided by the client, with the rest being done in our home office.

Because we incorporated at a wonky time, we're going to pay all of our fed taxes in a oner this year, although going forward we'll be doing quarterly payments to spread it out.

I'm fortunate in that my brother is a CPA, and in addition to his 40hr job, does a little tax prep for freelancers/small consultancies. So he helps us get everything on the level. I get the sibling discount, but I'd gladly pay him in cash rather than in baked goods and dog sitting.
2012-11-17 10:31 AM
in reply to: #4500438

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Elite
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Tucson, AZ
Subject: RE: If you have a LLC... tell me about it.

The Small Business Administration has a ton of info, not only on LLCs and such, but on everything else for starting your own small business.

http://www.sba.gov/

IRS.gov also has info:  http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Starting,-Operating,-or-Closing-a-Business

Congrats on your new business!

2012-11-17 10:53 AM
in reply to: #4501367

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Champion
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SRQ, FL
Subject: RE: If you have a LLC... tell me about it.
tuwood - 2012-11-16 5:57 PM
TriRSquared - 2012-11-16 3:41 PM
tuwood - 2012-11-16 10:28 AM

KSH - 2012-11-16 9:25 AM I need to create a LLC for a business I'm starting in January 2013. How does a LLC work? How do I start it? Is it hard to file taxes? I'm guessing a LLC is what I need... based on what I talked about with some people. It's just going to be my on-the-side coaching business. No employees, etc. Or should I do a DBA? Thanks for the help!

I would look into an S-Corp for tax purposes. (what my company is)

With an LLC your company has to pay taxes on the profit and then you have to pay taxes on your pay, so you end up getting double taxed.  With an S-Corp all corporate profit rolls through to your personal income tax return so you only have to pay taxes on it once.

You have this backwards...

An LLC is a pass-thru operation.  The profits or losses from the LLC pass through to your personal taxes.  The LLC pays no taxes.

I've been an LLC for 8+ years now. You don't want to be an S-corp at this point.  There are little advantages for a small business.  You can change to an S-corp later.

You're confusing me.  lol

I did similar to Brian and hired a CPA as well as an attorney when we incorporated.  He said by far S-Corp was the way to go for tax purposes.  I draw a fairly low salary which is taxed at ordinary income including the combined 15% (or whatever it is) SSI tax.  I then take the bulk of my pay as a monthly distribution.  At the end of the year whatever net profit/loss is left flows down to my personal income tax return with a Schedule K-1.

As an LLC you can chose to be taxed as an S-corp as you describe.  However the LLC gives you more protection in terms of liability.

Be careful about pulling too much in distributions and too little in salary.  Your salary needs to be "fair and standard" for a person of your experience and position.  The IRS doesn't like it when we try to cheat them out of SS.

2012-11-17 11:58 AM
in reply to: #4500438

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Subject: RE: If you have a LLC... tell me about it.

Just to add whiel people on here have been setting up LLCs jointly you can set up an LLC individually and have yourself as 100% owner.

Also a DBA and LLC/s-corp are different things.  In Florida I had to use a DBA as my company traded under a different name to what my LLC was registered as.  This was because (my lawyer informed me) my LLC had to be unique in the state and had to have my surname in it.  A DBA can be your trading name and doesnt have to be unique (if you pick someone else name you are still subject to copyright/trademark infringement).  For example your comapny could be Hicks Enterprises LLC doing business as Americas Top Coaching.  Or if you formed as Hicks' Coaching LLC, you wouldnt need a DBA.

2012-11-18 3:16 PM
in reply to: #4500438

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Expert
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Orlando, FL
Subject: RE: If you have a LLC... tell me about it.
I'm a small business owner in Florida, too, with my husband. We have an LLC that has elected S-Corp status with regard to federal taxes. This is another option you might want to consider.

We use an accountant who specializes in small businesses, which helps a LOT - he saves us every penny I've spent on him.

We take a small salary and the rest in K-1 distribution which saves on employment taxes.

We have a 401K plan through our company, there is a special type for small businesses who only employ the owners or owner + spouse. It is self managed and we can take loans against it which we manage. That's a big plus for us as we pay interest on the loan, but to ourselves.

We also are able to be personally removed from liability and exposure.

In addition to this structure, we have a couple of sub-businesses, one is an LLC wholly owned by the S-corp/LLC, and another is a fictitious name/dba registered to the S-corp.


2012-11-18 4:30 PM
in reply to: #4501780

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Champion
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500050001001001001002525
Dallas, TX
Subject: RE: If you have a LLC... tell me about it.
PirateGirl - 2012-11-17 10:31 AM

The Small Business Administration has a ton of info, not only on LLCs and such, but on everything else for starting your own small business.

http://www.sba.gov/

IRS.gov also has info:  http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Starting,-Operating,-or-Closing-a-Business

Congrats on your new business!



Thanks!

WOW! There seems to be a lot to learn... LLC, sole proprietorship, S-corp, DBA... TAXES! I am guessing I can run the business and get that squared away after a couple of months? Probably not. But that's how it might shake out. I have coaching clients starting in January, and I don't see me getting this completely wrapped up before then.

I do have a separate bank account for my coaching business, so there is that. Now I just need to keep better records.

2012-11-21 8:13 AM
in reply to: #4500438

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Champion
10471
500050001001001001002525
Dallas, TX
Subject: RE: If you have a LLC... tell me about it.
All right, I talked to a CPA yesterday.

While I am putting my personal assets at risk, I am going to start as a sole proprietor. Once I have enough money in the bank I'll move to a LLC. Per the CPA I could do a LLC and file as a sole proprietor, with the Schedule C.

I'm looking into getting QuickBooks, just the entry level program ($200). While I don't think I NEED it, I want to be organized and to have all the business information in the same place.

Thanks for all the help! I feel like I'm getting my arms wrapped around what to do!

2012-11-21 9:28 AM
in reply to: #4505883

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Master
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Lake Norman, NC
Subject: RE: If you have a LLC... tell me about it.

KSH - 2012-11-21 9:13 AM All right, I talked to a CPA yesterday. While I am putting my personal assets at risk, I am going to start as a sole proprietor. Once I have enough money in the bank I'll move to a LLC. Per the CPA I could do a LLC and file as a sole proprietor, with the Schedule C. I'm looking into getting QuickBooks, just the entry level program ($200). While I don't think I NEED it, I want to be organized and to have all the business information in the same place. Thanks for all the help! I feel like I'm getting my arms wrapped around what to do!

You don't have to use QuickBooks.  Only if your accountant demands it.  I believe you said your business would be service-only, yes?  No product or inventory?  That makes it much easier - no balance sheet, only income statement.  We use an Excel spreadsheet to track monthly expenses and income.  The summary from that with the paperwork is all our accountant needs to prep the business taxes.

 

2012-11-21 12:09 PM
in reply to: #4505883

Veteran
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Ohio
Subject: RE: If you have a LLC... tell me about it.

KSH - 2012-11-21 9:13 AM All right, I talked to a CPA yesterday. While I am putting my personal assets at risk, I am going to start as a sole proprietor. Once I have enough money in the bank I'll move to a LLC. Per the CPA I could do a LLC and file as a sole proprietor, with the Schedule C. I'm looking into getting QuickBooks, just the entry level program ($200). While I don't think I NEED it, I want to be organized and to have all the business information in the same place. Thanks for all the help! I feel like I'm getting my arms wrapped around what to do!

Talk to your insurance agent and get an umnbrella liability policy.  Cheap and you can rest easy.  As I eluded to in my earlier post, even with an LLC your would want this coverage to protect you as an individual.

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