Business Entities:
Each business entity is structured differently and, as a result, has unique tax implications. The types of business entities covered in this course were: sole proprietorships, partnerships, C Corporations, S Corporations, and Limited Liability Companies (LLC). The entities were differentiated by the number of owners and/or shareholder, whether they are a pass-through entity or not, and the level of liability the shareholder(s)/ owners(s) are responsible for. A sole proprietorship, which is a business with one owner who assumes unlimited liability, as well as general and limited liability partnerships, which have at least two owners (with potentially some of the owners assuming liability only to the extent of their
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When a C Corporation is authorizing and paying dividends, it needs to consider the amount of debt currently being carried, in order to ensure enough funds are being maintained to pay these debts. However, there are not any percentage or dollar limitations imposed on the amount or frequency of such distributions. Having said this, the IRS does regulate the recording and reporting of such activity, since it does have tax implications. Specifically, when dividends are given to C Corporation’s shareholders, the company is passing money onto the owners. This is different from a traditional pass-through because in a pass through entity, all of the company’s annual income, expenses, deductions, etc. are required to be listed on the shareholders tax return. In contrast, the IRS only requires that the amount of the total annual dividend distribution is recorded as income on the shareholders filing. Having said this, it is important to note that all income is first taxed at the corporate rate, which can be more favorable than an individual’s tax rate, and then upon dividend distribution, the distributions are taxed again at the individual’s tax rate. This concept is known as double taxation and is one of the main disadvantages of this type of entity (Everett, Hennig, & Nichols, 2013).
In contrast, to a C corporation an S corporation is subject to single taxation, since it is a pass-through entity. Having said this, an
INCOME TAXES- S-corp differs from C-corp taxation; taxes are passed through to the shareholders only. The company itself does not pay taxes.
There are three types of business entities: sole proprietorship, partnerships, and corporations. Sole proprietorships are businesses owned by an individual person. They are easy to form, but are not taxed. Instead the individual business owner is taxed on any monies acquired on behalf of the business (Kubasek, 2012. Partnerships are businesses that are owned by more than one individual owners. The big thing about partnerships is that each partner is personally responsible for the acts of the other partners in the business . (Kubasek, 2012 Corporations are businesses owned by multiple people to include shareholders (Kubasek, 2012). They can sue and be sued and are subject to a host of rules and regulations set forth by the government.
Liability: Ownership of a C-Corporation is vested in its stockholders, whose liability is limited to the amount of their investment. The Corporation is liable for all of its debts, and for the actions of employees acting as agents of the organization. Creditors may lay claim against corporate assets, but cannot reach stockholders’ personal assets. Additionally, stockholders have no claim against corporate assets.
In case of breach of contract liability shall be limited or unlimited depending on the type of activity. There are five types of business organizations in the United States. These forms are sole proprietorship, a partnership, limited liability company, partnership, and limited liability company. Each of these formations business has advantages and disadvantages for the employer. There are different levels attributed to the owners and partners in each of these forms of business organization responsibility. As for the different levels of responsibility that owners and partners can help in selecting the appropriate form
• S- CORPORATION: S- Corporation created by law. S-Corporations taxed differently than C- Corporations. S- Corporations are not taxed on earnings. The stockholders claim on their taxes the losses or profits.
Federal tax rates on corporate taxable income vary from 15% to 35%. State and local taxes and rules vary by jurisdiction, though many are based on Federal concepts and definitions. Taxable income may differ from book income both as to timing of income and tax deductions and as to what is taxable. Corporations are also subject to a Federal Alternative Minimum Tax and alternative state taxes. Like individuals, corporations must file tax returns every year. They must make quarterly estimated tax payments. Controlled groups of corporations may file a consolidated return. Partnerships have flow-through taxation which means that the entity does not pay taxes on its income. Instead, the owners of the entity pay tax on their "distributive share" of the entity's taxable income, even if no funds are distributed by the partnership to the owners. Estates and nongrantor trusts must file income tax returns just as individuals do, but with some important differences. For one, their income is taxed at either the entity or beneficiary level depending on whether it is allocated to principal or allocated to distributable income, and whether it is distributed to the beneficiaries. And because their exemption amounts, tax brackets and related thresholds haven’t been indexed for inflation or modified for tax relief to the extent those for individuals have, they can be
| If all members of a new foreign entity have limited liability, the entity is classified as an association taxed as a corporation.
1. All distributions (excluding reasonable salary) to Paula and Mary will be taxed as dividends to them. And the corporation could not deduct this part of distribution.
1) A C corporation earns $4.50 per share before taxes. The corporate tax rate is 35%, the personal tax rate on
1) The S corporation rules were enacted to allow small corporations to enjoy the nontax advantages of the corporate form of business without being subject to the tax disadvantage of double taxation.
The business entities of corporations and partnerships share many similarities, however key difference exist, primarily in terms of formation, taxes and liability. This section will largely address the issue of liability, in terms of the effects of damages, disclosure requirements and personal liability for both corporations and partnerships. Additionally Amazon will be examined as a partnership rather than a corporation to further illustrate these differences.
Forming a business entity requires a great deal of knowledge before any decision is made. There are advantages and disadvantages to each entity and without proper understanding of what they are, individuals could make costly errors and forfeit crucial perks that would be in the businesses best interest. In the situation in New State, Alex, Bill, Carl, and Devon have inherited their father’s operating organic farm and seek advice, in regards to which form of business organization would best fit their particular criteria. They have emphasized their immediate concerns, wants and needs from a business standpoint, but also stress their strong faith to uphold and operate in accordance with the Christian worldview. Their criteria is as follows, (1) create an entity which averts formalities or complexities, (2) develop a structure allowing cousin Xavier to handle the day-to-day, (3) minimize taxes on the entity, (4) avoid any personal liability, (4) keep business in the family only, (5) remain in accordance with the Christian worldview, (which will be the final topic in this discussion). After reviewing all criteria, it will be advised that forming a limited liability company (LLC) and electing for an S corporation status would be of best interest for the family. Discussed below, is the strengths and weaknesses of each form of business organization as it applies to their unique situation, to help better understand why an LLC/S corporation, is the best form of
Resilience Throughout Literature Malala Yousafez once said "The terrorists thought they change my aims and stop my ambitions. But nothing changed in my life except this: Weakness, fear, and hopelessness died Weakness and fear may stop an individual from reaching their aspirations, however, hard work and resilience will ensure one will come back stronger than before. Harper Lees's novel To Kill a Mockingbird, set in 1930s Alabama, follows the life of a young girl named Scout Finch and her observations of her father Atticus Finch, a lawyer who defends Top Robbinson – a black man unjustly accused of rape – through a lengthy court battle. Throughout the journey, Scout learns about the prejudice and racism that surrounds her life. Similarly, Maya
Due to the fact that corporations are separate legal entities from their owners, C-corporations are taxed separately requiring the filing of IRS Form 1120 each year to report its income and take advantage of any credits or deductions for which the corporation may be eligible (Internal revenue Service (IRS), 2012b). Income tax rates for corporation are tailored to corporations and as such are different from those
“In Uniform Commercial Code (UCC) minor changes do not have any impact and the original contract does not get canceled. The quantity is the main focus of the term in UCC. Offers made by a firm are irrevocable if the deal is made in writing in UCC” (UCC vs Common Law, 2014). “Uniform Commercial Code is a statutory law for certain types of commercial transactions, including sales of goods, which has been adopted by all 50 states. Many of its rules are similar to Common Law, but it