By topic (Choice of entity)

Is the S Corporation the Best Tax-Deduction Entity for Your Business?

To know if the S corporation is the best choice of entity for your business, first you need to consider three advantages and nine disadvantages. Next, you need to take the S corporation advantages and disadvantages that apply to you and get a bottom-line number comparison with your second choice for an operating entity. In this way, you can make a logical choice, knowing that your best choice will stay with you for a number of years and let you pocket more after-tax cash while you sleep better at night.

Corporations Beat Proprietorships in Tax Deductions for Cell Phones

Do you operate your business as a corporation, an LLC, or a proprietorship? Your choice of entity impacts a variety of tax deductions, and now the cell phone creates a win for the corporate owner and a loss for the proprietorship and the single-member LLC.

Tax Rules for Section 105 Plan with Multiple Businesses

When you and/or your spouse own more than one business, you must look at all businesses as one business when applying the Section 105 medical reimbursement plan discrimination rules. If you are blocked by the discrimination rules, consider discriminating in health insurance coverage to your benefit.

16 Tax Deduction Targets to Increase Your Business Car, SUV, Truck, and Van Deductions

This article has 16 tax-deduction targets that you can use to increase your business car, SUV, truck, and van deductions. You don’t need to buy any new vehicles to get the benefits. You simply need the knowledge as laid out here.

Professional Corporation as a C Corporation Is a Personal Service Corporation

If you incorporate your personal service business, you face the personal service corporation tax rates, where tax brackets do not exist and the 35 percent flat-tax rate applies.

IRS Now Says No Payroll Taxes on Family Employment in a Single-Member LLC

The IRS admits that its regulation that made the single-member LLC a corporation for payroll tax purposes is unfair to small business family employment. To right this wrong, the IRS allows the single-member LLC to use the family employment rules to exempt FICA and Medicare taxes retroactively to January 1, 2009. The regulation granting this change expires on or before October 31, 2014.

Single-Member Limited Liability Company (LLC) as Choice of Entity

In the right circumstances, the single-member limited liability company (LLC) gives you corporate liability protection combined with easy Schedule C (proprietorship) rules for your tax return. In this article, you learn the two tax advantages and two tax disadvantages to the single-member LLC.

How to Find Your Best Tax-Deduction Business Entity

Is your business entity the best tax-deduction business entity for you? Do you need liability protection? How do the different entities produce different tax deductions? If you are looking for answers to these questions, this article is for you. Also, the article contains one sure way to select the best business entity for you.

Tax Law Prohibits the Assignment of Income to Your S Corporation

If you want to operate your business as an S corporation, you need to recognize that the S corporation is a separate legal entity and that you are an employee agent of that corporation. You also need to ensure that the S corporation is the earner of the income. You may not assign your income to your corporation.

Use Business Tax Deductions to Build Your Child’s College Fund

Your business ownership creates an opportunity for a tax plan that can give you tax deductions for hiring your children and can give your children tax-free income. But your tax plan does not stop there. Your children might start Roth IRAs where they can invest their tax-free income in a college fund. Done right, as described in this article, the government pays you for your help with this plan.

The One Best Way to Claim a Home-Office Tax Deduction for the Owner of a Corporation

How does the owner of a corporation claim a tax deduction for an office in the home? Rental is not the best method. Deducting employee business expenses as miscellaneous itemized deductions is not the best method. The best method is to use an accountable plan, as you will learn in this article.

Tax-Deductible Business Expansion Beats Capitalization

Tax-deductible business expansion beats both capitalization and start-up expense classification. Capitalization basically means no tax deduction until you get out of the business. Start up means you can deduct up to $5,000 and then must amortize the remaining start-up expenses over 15 years.

Buy a Business? Your Thoughts Start Up the Tax Deductions!

If you are looking to buy a business individually, this article explains the tax deductions you achieve when you begin to think about the business you want to buy. If your corporation is going to buy the business, this article explains how to apply the process of thinking about it to the corporation. The rules for buying an existing business are different from those explained last month for creating a business from scratch.

Roth IRA Owns Foreign Sales Corporation

The Roth IRA is tax advantaged. The foreign sales corporation also is tax advantaged. Imagine putting the tax-advantaged foreign sales corporation inside a tax-advantaged Roth IRA. That’s what happens in this article.

Does the Proprietorship Exemption from Payroll Taxes Apply when the Owner of a Single-Member LLC Hires His 15-Year-Old Child?

The single-member LLC is a disregarded entity for federal income tax purposes, but a corporation for employment tax purposes.

Don’t Use Your Corporation as Your Personal Piggy Bank

Giving money to and taking it from your corporation needs an audit trail and paperwork to ensure proper treatment. If you operate without the formal paperwork and without the proper logging of entries, you can have unexpected and unwelcome experiences with the IRS and the courts.

Roth IRA Owns a Domestic International Sales Corporation (DISC)

The self-directed IRA is not a common sight, but it is even more uncommon, almost rare in fact, for the self-directed IRA to have an interest in a tax-advantaged domestic international sales corporation. This article gives insight into what’s possible with a self-directed IRA.

How to Audit-Proof the Owner’s S Corporation Salary

Setting the owner of an S corporation’s salary so that the owner saves money on self-employment taxes requires attention to some details. This article shows how a CPA with S corporation earnings of $246,000 had a reasonable salary of $91,000 according to the IRS. If you follow the principles used by the IRS to identify the $91,000 salary, you build audit-proof support for the salary.

Is Your Corporate Veil in Place?

When you operate your business as a corporation, you need to pay attention to the details if you want the corporation respected by the IRS. If you fail in the details, your corporation could lose its status as a corporation and cause you big trouble.

The Best Small-Business Retirement Plans: Part 1

This is the first in a series of articles on retirement plans for small-business owners. In this first article, you learn the basics. Why should you have a retirement plan? When should you start contributing to your plan? What types of plans are available to you? Regardless of the type of business entity—proprietorship, LLC, S corporation, or C corporation—this article gives you the basics you need for a quality retirement plan.

Tax Lawyer Is an Employee, Not an Independent Contractor

Learn why it is important to get the independent contractor classification correct. If your supposed contractor status is in reality employee status, you suffer major penalties.

Tax Tips for the S Corporation’s Fringe Benefit Realization

Tax law creates trouble for selected fringe benefits that the S corporation gives to a more than 2 percent shareholder. The loss of benefits and accompanying complications are factors to consider in the selection of the S corporation as your choice of business entity.

Tax Tips to Save Your Social Security Benefits

You might think that you are entitled to your Social Security benefits. In fact, that would be logical. Unfortunately, however, it’s not true. You need to plan your benefit collections, or you could lose a huge chunk to taxes.

Tax Tips for Owners of Multiple Businesses

Revenue Procedure 2010-13 requires disclosure of the business and rental groups you form to avoid the disallowance of losses under the passive-loss rules. At first glance, you might think, “Oh, no, not more disclosures.” But further examination shows an audit-proofing aspect to this disclosure that is most appealing.

Tax-Free Supper Money Tax Tips

Do you provide supper or other meal money when you require your employees to work overtime? If so, is the meal money a tax-free fringe benefit or is it additional W-2 compensation to the employees?

Tax-Free Lunches for Employees

Under the right circumstances, you can provide tax-free lunches to your employees. That’s nice. But what about you? How do you, the business owner, qualify for this tax-free fringe benefit?

12 Last-Minute Tax Tips Not Related to Vehicles for 2010

This issue contains 21 last-minute tax tips that you can use for 2010. We broke the tips into two articles: one for vehicles and one not related to vehicles. This article contains 12 last-minute tax tips that are not related to vehicles.

Tax Tips for Tax-Free Disability Income and Deductible Premiums

Tax law grants tax-free income status to the proceeds from income replacement disability insurance policies. You pay a price for this tax-free income: You may not deduct the premiums. Special treatment applies to overhead disability and also S corporation payments on behalf of “more than 2 percent” shareholders.

Tax Tip: Advance Account Shows That Incorporation Is Not for Everyone

To operate successfully as a corporation, you need to be good at paperwork. Also, you may not treat the advance account on the corporate books as your personal slush fund.

Did S Corporation Low Salary to CPA Owner Doom Tax Strategy?

The CPA in this court case operated as an S corporation with a low salary. The low salary got the IRS’s attention. To salvage bigger things, the CPA had to take the IRS to court

Reimburse Corporate Owner-Employee for Depreciation

If you operate your business as a corporation but own the business car personally, your best result comes about when you have your corporation use an accountable plan to reimburse you for actual expenses, including depreciation and Section 179 expensing.

Tax Tips for S Corporation Employing Owner’s Mom

When your S corporation employs a relative, you need to be aware of the stock attribution rules that can wreak havoc on the health insurance fringe benefit.

Tax Tips for the Real Estate Investor/Dealer

Tax law allows an individual to be a real estate dealer with respect to his dealer properties and a real estate investor with respect to his investor properties.

Qualify for Section 179 Expensing When You Rent Equipment to Your Corporation

Renting equipment to your corporation requires knowledge of the tax laws. Three special rules apply to the individual taxpayer who rents equipment to others.

Tax Savings Trap Crushes S Corporation Owner’s Expenses

Poor planning for the S corporation owner’s business expenses can cost the owner every penny of his deductions.

How the New Health Care Law Treats You, the Owner of a Small Business

The new health care law grants a nice tax credit to business owners who cover their employees. How about the owners themselves? Lawmakers did them no favors, but one group of proprietors might catch a break.

What Is the Unpardonable Sin in an IRS Audit?

Should you or your corporation be unlucky enough to face an IRS audit, there is one record that stands out as critical to your audit health. If you are missing this one record, the IRS audit can quickly expand to other areas of your tax return.

Reasonably Low Salary for S Corporation Owner

The zero salary strategy is getting hammered by the IRS and the courts. You need to take a reasonable salary. If your purpose in having the S corporation is to save self-employment taxes, you want that reasonable salary to be audit-proof low.

Cashing Out Real Estate Profits without Section 1031

Section 1031 exchanges are perfect when you are going to stay in the real estate rental or investment business. When it’s time to cash out, you need to look at different strategies that help you avoid taxes and give you cash to spend (liquidy).

Use Safe Harbor to Lock In Capital Gains When You Subdivide Land

Section 1237 grants a safe-harbor to qualified taxpayers who want to subdivide land. The safe-harbor requires the taxpayer to pass seven tests, but then rewards the taxpayer with tax-favored capital gains treatment (versus ordinary income treatment).

Use an S Corp. to Lower Taxes on Subdivision of Land

Good tax planning can avoid ordinary income treatment on the subdivision of land. The planning involves avoiding the partnership entity and using an S corp. for development.

How Many Tax Diaries for Three Businesses?

Tracking and proving deductible expenses for three businesses requires good planning, but this planning can pay you for the effort.

Big Tax Breaks for Hiring Your Child

Tax law favors the son or daughter working for the mother or father in a proprietorship or husband and wife partnership. If you operate your business as a corporation, you also can come out ahead by hiring your child.

Taxpayers Win Loss Deduction on Charter Fishing Activity

To deduct a loss on a charter fishing activity, you must materially participate in the activity. When the activity is organized as an LLC, you have more choices for material participation than a limited partner.

How to Write Off the Investment in a Failed S Corporation

The U.S. government taxes your profits and subsidizes your losses. That’s nice. Not all governments share in the losses.

Tracking Personal and Business Checking Accounts

Computers and programs like Quicken make it easier to track business and personal activities. Even so, there are rules of the road that you should follow to ensure the best results.

How to Dissolve a Corporation

If your corporation is not going to pass the “it earns the income” test, then it’s time to take the steps to dissolve this useless corporation. The secretary of state for the state of incorporation has guideposts for you to follow.

Court Rules Trusts Are Shams

The court made it clear that every taxpayer may properly use the tax law to reduce his or her tax burden, but the use of paper entities that fail the economic reality test does not work.

How Does a Home Equity Loan Work with a Rental Property LLC?

If you are using home equity loan proceeds for your rental property LLC, you need to pay attention to both the legal and tax aspects of that transaction. The legal part is needed for liability protection. The tax part is needed to ensure your tax deductions.

Husband and Wife S Corporation Board Meeting

The Heineman case gives a roadmap to how a husband and wife might deduct the cost of attending a board of directors meeting where they are the only participants. Using the principles enunciated in Heineman, husband-and-wife corporate owners will find deducting the out-of-town board meeting easier than deducting board meetings that occur in town.

Best Entity for Rental Real Estate

The most recent hot entity for real estate ownership is the LLC. The fact that it’s hot does not necessarily make it the best option for you. When considering your choice of entity, examine qualification for single-member LLC status, extra state income taxes, and how this compares with the S or C corporation possibilities.

Social Security with Wages and Business Loss

If you draw Social Security retirement benefits before full retirement age, you face the loss of $1 in benefits for each $2 of earnings over $14,160. Further, when the provisional income on your tax return exceeds $25,000 (single) or $32,000 (married), you must include at least 50 and not more than 85 percent of your Social Security benefits in taxable income. Thus, your receipt of Social Security benefits triggers the need for planning.

Tips to Audit-Proof Your Records

The law gives you no choice but to keep the proper tax records on a timely basis. This is pretty easy when you know what to do. One easy rule to follow is to never commingle your activities in your bank accounts. Both the rule that requires a mileage log and the rule that requires a time log are more difficult, but absolutely essential to proving your deductions.

Husband and Wife 1099s

When husband and wife receive individual 1099s from the same firm, they generally can improve their after-tax cash results by having one spouse earn the 1099 income and having the other spouse work as an employee.

Section 105 Plan Checklist

This is our grand summary of the inner workings of Section 105 medical reimbursement plan. Use it wisely!

Husband-and-Wife Joint Venture Election Does Not Apply to LLCs

The IRS just posted the limits on its website, but there is still one way to elect single-member status. We give you the details and planning strategies.

Individual Proprietorship or Partnership

Even accountants can be wrong about tax law. Learn for yourself the difference between partnerships and proprietorships. See what the law says, and why it’s important.

Husband-and-Wife Business Election

To file for joint partnership of a business, you must attach a written statement to your 1040. There is no official form to use, so we give you an example of what you can say.

Is Your S Corporation Adding to Your Bottom-Line Profits?

The major tax benefit to operating your business as an S corporation is the possible savings on self-employment taxes. As a single-owner or husband-and-wife-owned business, an S corporation might be right for you.

Husband and Wife Joint Venture

The husband and wife who work together must consider the joint venture election if they want the business treated by the IRS the way they think it should be treated.

 

Joint Venture Taxed as Partnership

As a two-person team that splits costs and commissions, these two people are a partnership for legal purposes. They have three choices: file as a partnership, C corporation, or an S corporation.

Real Estate Joint Venture

As a two-person real estate team, these two taxpayers are real estate dealers, according to the tax law. They have two choices: file as a partnership or as an S corporation.

Tax Quiz—Are You a Stock Dealer, Trader, or Investor?

As a person who buys and sells stocks, you will see a huge difference in how the law treats you if you’re a dealer, trader, or investor.

Hiring Children

Hiring your children can be a really good move. If you have a sole proprietorship or a husband and wife partnership, you can save a lot of money in taxes. Be careful, though, with corporations, LLCs, estates, and partnerships.

Assignment of Personal Commissions to His Corporation Crushes Insurance Agent

Assigning your personal commissions to your corporation does not work. In this court case, this insurance agent had unfiled tax returns and unpaid taxes for the years he assigned his 1099 income to his corporation.

Will the S Corporation That Owns Rental Property Terminate with Too Much Passive Income?

At a meeting of landlords, the guest lawyer stated that the S corporation terminates with too much passive income. Many attendees heard this comment incorrectly. The too much passive income termination problem applies to S corporations which were previously C corporations.

IRS Doubles Audits of Sole Proprietors and Independent Contractors

The IRS fulfilled its promise and audited twice as many Form 1040-Schedule C taxpayers and S corporation returns. Your odds of audit vary by both choice of entity and gross receipts in that entity.

Personal Car Used for Corporate Business

When you operate your business as a corporation, you need to reimburse the business use of the personal car as a reimbursed employee expense. The corporation may use either the IRS mileage method or the actual expense method for the corporate reimbursement to the employee-owner.

Letter Requiring Home Office

When you operate your business as a corporation, you claim the office-in-the-home deduction as an employee. The law requires that this employee use be for the convenience of the employer. Generally, you want the convenience of the employer reason in writing.

Selling the Home That Contained the Office the Corporation Deducted

When you have your corporation reimburse your home office as an employee business expense, you treat the home as if you had claimed the office-in-the-home deduction personally.

Corporate Reimbursement of Condo Fees and Mortgage Payments

The corporate reimbursement of the owner-employee for office-in-the-home expenses includes condo fees and mortgage payments.

How the Business Condo Escapes the Tough Tax Rules

The properly used business condo does not run up against the vacation-home, passive-loss, or entertainment-facility rules.

Early Social Security

When you take early retirement and your income is greater than the thresholds, your Social Security benefits are subject to (1) recapture by the Social Security Administration and (2) taxation by the IRS. Tax planning to avoid both benefit recapture and taxation of benefits involves the possible use of an S or C corporation.

New $94,200 Base for Self-Employment Creates Need for Better Planning

In 1935, the self-employment tax topped out at $60. In 2006, the first part of the self-employment tax tops out at $14,413, but the 2.9 percent Medicare part continues after that without limits. Good tax planning for the self-employment tax is like an annuity. It gives you monetary returns—year after year—every year you are in business. So, plan now and consider everything from choice of entity to hiring your children.

Are Corporate Advances to the Owner Loans or Dividends?

To make sure that the IRS will treat the C corporation’s advances to the employee-owner as tax-favored loans rather than tax-penalized dividends, make sure you can answer “yes” to the seven questions.

Home Office for Corporation

The IRS audit manual states: “If you rent all or part of your residence to your employer and use the rented portion when performing services for the employer, you cannot deduct home-office expenses attributable to the rental.” Thus, forget the rental to the corporation and use the corporate-reimbursement-to-the-employee strategy for maximum benefits.