S corporation tax planning now

Your client owns a small business that operates as a subchapter S corporation. She elected S corporation status when the individual tax rates were lower than those for a C corporation.
DEC 09, 2008
By  Bloomberg
Situation: Your client owns a small business that operates as a subchapter S corporation. She elected S corporation status when the individual tax rates were lower than those for a C corporation. When an S election is made, the prior retained earnings are trapped in the company unless a second tax is paid on the distribution of the retained earnings as a dividend. Your client wants to know how the policies of the new administration under President-elect Barack Obama could affect her taxes. Solution: While it appears that taxpayers are safe in 2008 and probably 2009, the 2010 tax year will most likely bring a tax increase. The ordinary income tax rates will likely increase to almost 40%, which was the rate in effect before tax cuts were put in place by President Bush. Further, dividends may no longer get the preferential tax rate of 15%. Your client should consider paying out accumulated earnings in the form of a dividend. The top tax rate on dividends is currently 15% and is almost certain to increase by 2010. Why should an individual pay a tax voluntarily? First, consider the rate will be higher in the near future. Second, some small business owners who intend to sell or wind down their businesses and want to continue to invest the sales proceeds in the existing company may find themselves in a tax trap. A little known tax law subjects S corporations to a special tax that is imposed only on S corporations that have prior accumulated profits. It is levied on S corporations that generate more than 25% of their earnings from passive sources — that is, interest, dividends and capital gains. This tax can be avoided by making sure the S corporation has no earning and profits, which can be accomplished by paying the 15% tax now on any so-called trapped earnings. By paying the tax at this low tax rate, the S corporation could save taxes in the future.

Latest News

Carson, Lido strengthen RIA networks with bicoastal deals
Carson, Lido strengthen RIA networks with bicoastal deals

Carson is expanding one of its relationships in Florida while Lido Advisors adds an $870 million practice in Silicon Valley.

Goldman gets shareholder backing on $80M executive bonus packages
Goldman gets shareholder backing on $80M executive bonus packages

The approval of the pay proposal, which handsomely compensates its CEO and president, bolsters claims that big payouts are a must in the war to retain leadership.

Integrated Partners, Kestra welcome multigenerational advisor teams
Integrated Partners, Kestra welcome multigenerational advisor teams

Integrated Partners is adding a husband-wife tandem to its network in Missouri as Kestra onboards a father-son advisor duo from UBS.

Trump not planning to fire Powell, market tension eases
Trump not planning to fire Powell, market tension eases

Futures indicate stocks will build on Tuesday's rally.

From stocks and economy to their own finances, consumers are getting gloomier
From stocks and economy to their own finances, consumers are getting gloomier

Cost of living still tops concerns about negative impacts on personal finances

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.