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AVOIDING DOUBLE TAXATION

A dividend is payment of cash or stock that a corporation pays to shareholders. While the shareholders of corporations do not pay taxes on corporate profits, they do pay taxes on profits that the corporation distributes as cash dividends.

In addition, if a shareholder sells shares of stock in a company that have increased in value over time, he must pay capital gains tax on the profit realized from the sale of stock. Gregory Hamel has been a writer since September and has also authored three novels. He has a Bachelor of Arts in economics from St. Olaf College.

Reforming the corporate income tax: Tax shareholders instead of corporations - VIEWPOINT

Hamel maintains a blog focused on massive open online courses and computer programming. Skip to main content. Partnership Tax Rules A partnership is a business structure where ownership and management responsibility of a company is split between two or more individuals. Corporation Tax Rules A corporation is a business that is owned by a group of shareholders who purchase stock in the company. Liability of Owners Another major difference between corporations and partnerships is the liability of owners for the debts of the business.

Considerations A dividend is payment of cash or stock that a corporation pays to shareholders. Also, the S corporation does not pay federal taxes at the entity level. Saving money on corporate taxes is beneficial, especially when a business is established. Other advantages include the transfer of interests in an S corporation without facing adverse tax consequences, the ability to adjust property basis, and complying with complex accounting rules.

Partnership Tax Rules

Shareholders can be company employees, earn salaries, and receive corporate dividends that are tax-free if the distribution does not exceed their stock basis. If dividends exceed a shareholder's stock basis, the excess is taxed as capital gains. Characterizing distributions as salary or dividends may help the owner reduce liability for self-employment tax while generating business-expense and wages-paid deductions.

Because S corporations can disguise salaries as corporate distributions to avoid paying payroll taxes , the IRS scrutinizes how S corporations pay their employees. An S corporation must pay reasonable salaries to shareholder-employees for services rendered before distributions are made. Quick rectification of noncompliance errors can avoid any adverse consequences.

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Filing under Subchapter S also requires time and money. When establishing an S corporation, the owner submits articles of incorporation with the Secretary of State. The corporation must obtain a registered agent for the business, and it pays other fees associated with incorporating itself. In many states, owners pay annual report fees, a franchise tax, and other miscellaneous fees.

Learn the benefits and drawbacks of corporate taxation.

However, the charges are typically inexpensive and may be deducted as a cost of doing business. Also, all investors receive dividend and distribution rights, regardless of whether the investors have voting rights. Small Business Taxes. Shareholders frequently use this option rather than receive dividends, which would indeed be taxed twice. As long as the company makes fringe benefits equally available to all employees, not just shareholders, there are many hefty tax write-offs possible for a C corp that individual employees also receive tax free: medical reimbursement plans and premiums for health, long-term care and disability insurance.

C corps are the only kind of corporate entity that can deduct contributions of not more than 10 percent of taxable income in any given year to eligible charities as a business expense. You can carry over charitable donations above the limit to the next five tax years, too. This business structure can take large capital and operating losses, and the IRS does not tend to scrutinize businesses, especially new ones, if they show losses several years running. This is especially important for start-ups that may take substantial losses in the first year but wish to carry them forward to future years.

S corporations have numerous rules limiting ownership: no more than shareholders, no non-resident alien owners and no non-individual owners with few exceptions , for starters. They also may not issue more than one class of stock. When entrepreneurs are seeking equity investors, these limitations may keep their hands tied. One much-lauded advantage of S corporations is the ability to pass losses through to individual tax returns.

Setting up your business

However, this only applies to partners who participate actively in the management of the corporation. Thus, passive investors tend to fare better tax-wise under C corporations. Venture capitalists prefer the flexible ownership of the C corp business structure, and some forms of small business financing are only open to C corporations, such as k business financing see below.

Down the road, a small business enterprise might grow into a very big one, large enough to attract funding as a publicly traded company on a national stock exchange, in which case it must be a C corp as well. ROBS allows entrepreneurs to use their retirement funds as business financing without incurring tax penalties or early withdrawal fees.

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How Corporations Are Taxed | Nolo

As a result, the k plan becomes a shareholder in the corporation and the retirement funds are transferred to a plan hosted by the corporation. Those who are looking to recapitalize an existing business via the ROBS structure can elect to change a pass-through entity, such as an LLC, to a C corp, so they too can benefit from this type of debt-free business financing. As businesses grow and evolve, owners may need to change the structure.

Business owners should always consult with a tax professional and prepare to adjust their organizational strategies constantly, but considering the impact of taxes on a fledgling business enterprise, it can prove well worth the effortto make the C corporation setup work for you.