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February/March
2004
Here’s a rundown of the most common business
structures, and the ways in which taxes generally are calculated
under each.
Sole Proprietorship: A sole proprietorship doesn’t
pay taxes itself. Instead, income flows to the owner’s personal
tax return, and the owner pays taxes at his personal tax rate. An
individual with a sole proprietor also pays a self-employment tax
on the business’s net profit, which replaces the payroll taxes
that an employee and his employer would pay. Currently, the self-employment
tax is about 15.3 percent of income.
Partnership: Income from a partnership flows through
to the partners’ individual tax returns, and each partner
pays income tax according to his personal tax rate. Partners also
are responsible for self-employment tax.
LLC: An LLC, or Limited
Liability Corporation, isn’t actually a tax designation. Instead,
it’s a form of business in the eyes of the law that provides
some protection from creditors. “With an LLC, you have several
choices of tax entity,” says Randy Elder, a Phoenix-based
CPA. “You can be a partnership, a corporation or a sole proprietorship,
depending on how many people are involved.” An LLC that’s
taxed as a partnership or a sole proprietorship, for instance, will
have profits flow through to its owners.
S Corporation: In an S Corporation, the shareholders
may draw a salary from the corporation. Income remaining in the
business can pass to the owners as a distribution and is not subject
to self-employment tax.
As a result, S Corporations can provide tax savings.
Michael Hadley, chief executive officer with iCorps Technologies
Inc., chose an S Corp election. “Taxes didn’t drive
us to do this — it was the liability protection,” says
Hadley, whose company offers IT outsourcing. “But as you grow
the company, taxes play a huge part.” Hadley estimates that
iCorps’ tax bill might double if it were to convert to a C
Corporation.
A cautionary note: The IRS looks closely at the split
between wages and distributions in S Corporations. It doesn’t
want business owners to classify excessive portions of income as
distributions to reduce their self-employment taxes. If you choose
an S Corp designation, talk with a tax professional and come up
with a reasonable split between wages and distributions.
C Corporation: From a tax standpoint, C Corporations
have some disadvantages. For starters, income is taxed twice: The
company pays tax on any income earned, and owners pay taxes on dividends
they receive. In addition, owners can’t use losses incurred
by C Corporations to offset other income. Instead, the income or
loss stays at the corporate level.
But if you contemplate taking on outside investors
some day, a C Corporation may be the way to go.
Remember, regulations governing corporate entities
differ by state. Work with a tax professional to determine what
will make the most sense for you.
And when it comes to choosing a business structure,
tax considerations won’t always trump others, such as reducing
your liability as an owner. “Taxes are important, but they’re
not always the tail that wags the dog,” says Cameron Hess,
principal and CPA with the Sacramento-based law firm of Wagner,
Kirkman, Blaine & Youmans.
Find more tax tips in the "Taxes" section
of http://www.NFIB.com/toolsandtips.
To see actual article please click on link:
http://www.mybusinessmag.com/fullstory.php3?sid=940
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