Our client, Individual #1, is currently earning $350k in gross receipts and $175k in gross profit, respectively, from his IT consulting business. In discussions with the client, we learned he wants to transition his sole proprietorship/LLC into either an S-Corp or C-Corp. I propose his reorganization as an S-Corp as although it limits his potential for equity investment, it provides both a liability and tax shield.
Corporate Formation 1) Section 351: Since Individual will be in control (80%+ ownership) of future corporation, he will not incur a taxable event a. Liability exceptions – tax avoidance or transfer was not for a bona fide business purpose b. If liabilities are in excess of Individual’s tax basis
As the
…show more content…
salary, bonus, interest or rent) * However, if these payments are unreasonable, then distribution is considered a ‘constructive dividend’ and is no longer deductible * Salaries are subject to self-employment tax 3) Access to capital unlimited by number of shareholders 4) Subject to double-taxation * Corporations incur taxes at the corporate level at marginal rates; while, distributions to shareholders are taxed at dividend rate
Corporate Tax Rate Schedule
2012
Taxable Income | Tax | < $50,000 | 15% of the taxable income | $50,000-$75,000 | $7,500 + 25% of taxable income over $50,000 | $75,000-$100,000 | $13,750 + 34% of taxable income over $75,000 | $100,000-$335,000
Maria and Jason, along with Robert and Elizabeth, must focus first on the initial setup of the organizational structure and the tax consequences on the corporation and individually before addressing the other factors of the organization, which are simple and easily addressed by discussing individual and group objectives. The first point to address is the IRC Section 351 limitation of 80% control of the corporation. Maria nor Jason are interested in decreases their control of the corporation and the best approach is for Robert and Elizabeth to contribute their proposed transactions and being taxed of on the gains at their marginal tax rate. Otherwise, it is best for Robert and Elizabeth to reevaluate their proposed transactions in order minimize the tax consequences. The IRC Section 351 limitation only pertains to an even exchange of property, weather property or cash, for corporate stock and 80% control of the corporation (IRC Section 351, n.d.).
Good afternoon, Mr. Jones! As we delve deeper into the structure and establishing your C corporation we need to review the tax implications of compensation for you as well as your daughter. This memo will help to outline the tax effect of a salary as well as dividends and we I have detailed out some information on the ownership percentage for yourself as well as your daughter. Please reach out should you have any follow up questions.
In determining whether or not XYZ should elect to become an S-Corp, there are many advantages and disadvantages and various tax consequences that need to be weighed. The biggest advantage in electing S status is avoidance of the double taxation associated with C-Corps. This means that items of income, deduction, gain or loss are pass through to its owners and the entity itself is not subject to tax, thus there is only one level of taxation, at the shareholder level. Other advantages of becoming an S-Corp include not having to deal with the alternative minimum tax that may applies to C-Corps with greater than $7.5 million in annual gross receipts, and not having to convert to the accrual method of accounting when average gross receipts exceeds
Chemotherapy-induced peripheral neuropathy (CIPN) can be a severe, dose-limiting toxicity caused by the administration of the chemotherapeutics and anti-cancer biologics used to treat an individual’s cancer. The purpose of the paper is to explore the effectiveness of different treatment options for the prevention and treatment of CIPN. Additionally, this paper will determine which established assessment tools are best to evaluate CIPN in the oncology patient. Once these methods are identified, they can then be incorporated into the plan of care for at risk patients. A patient’s education related to CIPN
“...if the amount of future rebates or refunds cannot be reasonably and reliably estimated, a liability (or deferred revenue) shall be recognized for the maximum potential
Qualified dividends . . . . . . . . . . . . . .
In any instance in which this document fails to provide expressly for the distribution or accumulation of any trust income, that income shall be accumulated and added to principal.
It has come to my attention that the faculty of CCV is in the process of unionizing. As a CCV alumnus this is welcome news.
The purpose of this memo is to devise a practical estate plan for our client who has maintained a lucrative sole proprietorship conducting business in commercial real estate. The goal in our tax planning strategies will be to legally transition a portion of the $1 billion in assets to multiple tax-saving trusts and a family limited partnership (FLP). Additionally, the client would like to begin transferring proportional ownership of the company to his two children over the next thirty years and sell ten percent of the company to an unrelated third party. Furthermore, these tasks need to minimize the client’s taxable estate substantially to reduce his estate tax liability at his death. Moreover, the most proactive method after the FLP is
The requirements of paragraph (1)(A) shall not be treated as being met with respect to any dividend received by a corporation if, for any taxable year which includes the day on which such dividend is received—
nvestigate SCR's Internet site and learn about the company's history, purpose, and values. Send Jesse a brief memo with suggestions to expand or improve these sections. (Jeff Finch) I found the website to be lacking a clear history, and just a brief company description. Also, there are some obvious grammatical issues such as proper capitalization, No clear difference in size of headings in relation to paragraphs, and an overall lack of completeness. Shelly Cashman's email is on every page and suggests that this company is a "one man show." I would improve on overall contrast of the site by adding clear and distinct headings followed by more in-depth coverage of all topics. I would improve on the grammatical aspects of the site. Finally I
The purpose of this memo is to devise a practical estate plan for our client who has maintained a lucrative sole proprietorship conducting business in commercial real estate. The goal in our tax planning strategies will be to legally transition the $1 billion in assets to a family limited partnership (FLP). Additionally, the client would like to begin transferring proportional ownership of ninety percent of the company to his two children over the next thirty years and sell ten percent of the company to an unrelated third party. Furthermore, this task needs to minimize the client’s taxable estate substantially to reduce his estate tax liability at his death. Moreover, the most proactive method after the FLP is formed, is to
Mr. Jones, the new corporation formed will be a separate entity and that means that it will file own taxes on form 1120 and be responsible for any tax implications. You and your daughter will have a weekly or monthly salary with taxes withheld by the corporation and you will be required to report those wages on your respective 1040 forms each year. As owners of the corporation if the company pays out dividends then those will be reported to you by the corporation and you will need to also report that on your 1040 forms and pay the
A constructive dividend is a form of payment made by a corporation to its shareholders that
Majority tax concepts advise MNE to fulfill tax rules, pay their fair shares, corporation?s tax rate, and taxation identity.