Someone
once remarked, "Next to being shot at and missed, nothing is quite so
satisfying as an income tax refund." There's no question that saving
money in taxes is high on everybody's list of financial priorities,
especially self-employed business owners.
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However, unlike
individuals who work as employees for an employer, business owners actually
have the "luxury" of choosing how much in taxes they pay each year
by picking one form of business entity (sole proprietorship, partnership,
corporation, etc.) over another. Unfortunately, the majority of business
owners choose a business entity once (usually when starting out) then keep
the same entity for the life of the business. This isn't necessarily the
smart thing to do.
While some companies can get away with sticking with the same form of
business throughout the life of the business, countless others are just
simply throwing money out the window by overpaying their taxes. For some
small business owners, this "financial nonchalance" can actually
cost an extra several thousand dollars in unnecessary and avoidable taxes
each year.
If you are a business owner concerned about reducing his or her tax
liability, here's a way you can dodge the tax bullet by utilizing what's
known as a Subchapter S corporation:
First some background: When starting a new business most business owners
focus on simplicity: that is, the less paperwork and regulations to contend
with the better. What this means is that most new businesses start out as
"unincorporated" entities such as sole proprietorships (73%) and
partnerships (6%). While management and administrative costs of running the
business might be easier and less expensive initially, the tax burden,
especially the self-employment tax, can be anything but.
For many business owners who wait till year-end to do their tax planning
(or no tax planning at all), the self-employment tax is an unwelcome
surprise…and a very large expense. Newly self-employed individuals are
shocked even more once they realize that they are responsible for the
self-employment tax all on their own. That's because when they worked as an
employee their employer was responsible for paying one half of the
self-employment tax.
The self-employment tax is simply a version of the same Social Security
and Medicare taxes you pay as an employee. However, instead of paying 7.65%
as you do when you're an employee, as a self-employed business owner you
have to pay double: 15.3%.
In 2002, the Social Security portion (12.4%) is levied on the first
$84,900 of net profits. There is no limit to the Medicare portion (2.9%).
Self-employed individuals are also entitled to a one half-credit of the tax.
As an example, a self-employed individual with $100,000 in net profits in
2002 would be required to pay $12,400 in self-employment tax. This tax is in
addition to federal, state and local taxes!
Here's what you can do to save money on the self-employment tax:
Incorporate and elect Subchapter S status. You can elect Subchapter S status
even if you have a pre-existing C corporation too. Operating your business
as an S corporation is one of the very few four leaf clovers still left in
the tax code. The reason for this is simple: The net income from an S
corporation is NOT subject to the self-employment tax.
If structured and implemented properly, an S corporation could save you
thousands of tax dollars per year. As an employee-shareholder of your S
corporation, you pay yourself wages just like you would any other employee.
But instead of taking profits out through payroll, you take cash
distributions called "nontaxable dividends".
Nontaxable dividends are called nontaxable, because they aren't double
taxed like the dividends paid to shareholders in a regular C corporation.
You're still paying taxes on the net income of your S corporation when you
file your personal tax return, but the tax is federal tax and not the
self-employment tax.
For the sake of simplicity, if an S corporation with $100,000 of net
profits pays its owner a reasonable salary of say $50,000 and non-taxable
dividends of $25,000, the tax would be $7,650. This is a whopping $4,750
savings in tax! Even if you factor in additional costs such as workman's
comp insurance, incorporation costs, professional fees and incidentals, the
savings is still more than adequate.
The key to the whole scenario is that your salary must be reasonable
under the circumstances surrounding your business. It's also much better for
salary justification purposes if your business is not limited to the
delivery of personal services by you. Nevertheless, incorporating and
electing Subchapter S status is an excellent way to reduce your overall tax
burden.
Here's more good news: If you happen to already own a regular C
corporation and you live in a state that has a high corporate income tax
rate, you'll come out ahead even more if you elect S status. Additionally,
if you have children aged 14 or older, you can save even more taxes by
giving them shares in your S corporation and having them pay the tax at
their lower tax rates. By giving away shares you also reduce your estate tax
obligation.
So you see, there are plenty of good reasons to incorporate and elect S
status. I've only touched on a few minor points. There are many, many other
valid reasons to incorporate. Just keep in mind that you should always
consult with your tax advisor for your particular needs and circumstances
before making any important business or financial decisions. Besides taxes,
there are many legal and financial issues to contend with as well. Always
look before you leap.
When it comes to your business, you should make it a point to assess the
validity of your type of business structure on a yearly basis. Incorporating
is definitely not just for startups. There are plenty of unincorporated
businesses that are missing the boat when it comes to saving money. Don't be
one of them. It pays to find out more.
About the Author:
Alex Goumakos
is a CPA, small
business advisor and guest consultant of Active Filings LLC, a company that
provides incorporation services in all US. http://www.activefilings.com
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