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Small Business Owner

Differences between Small Businesses, Corporations, Corporate Taxes and Personal Taxes

As everyone is holding their breath to see if we are going over the "Fiscal Cliff", and the attendant showmanship over taxes, do most folks even know who pays what and why? Probably not.

In my totally unscientific surveys of everyday folks, very few that I have talked with understand the differences between sole proprietorships, partnerships, C corporations, chapter S corporations, LLC's, etc.

For the purposes of simplification, I am only going to address "C" corporations and those that elect Subchapter S. 

I have found that the average person assumes that a large company is paying corporate taxes. And I think most folks would be shocked to know that many companies with 100's of millions in revenue, multiple factories, company planes, and the whole ball of wax, may pay no corporate taxes at all. 

Most people do understand that corporate income taxes are those that are paid by corporations, and that personal income taxes are paid by individuals, and that the rates are not the same.

Again based upon my unscientific surveys, the average person thinks that any large company, as I described above, first pays a corporate income tax on its profits, and then the individual shareholders pay a personal income tax rate on their dividends, if any. And that is the way it works with a straight "C" Corporation, basically a for profit company that is incorporated, and has shareholders.

However there is a BIG loophole that many companies (over 3 million as of 2002) use to avoid paying any corporate income taxes. That loophole is known as an "S" Corporation, which is a "C" Corporation that has notified the IRS that it is reporting its income under Subchapter S of the IRS Code.  Qualifications per the IRS website as follows:

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S Corporations

S corporations are corporations that elect to pass corporate income, losses, deductions and credit through to their shareholders for federal tax purposes. Shareholders of S corporations report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates. This allows S corporations to avoid double taxation on the corporate income. S corporations are responsible for tax on certain built-in gains and passive income.

To qualify for S corporation status, the corporation must meet the following requirements:

  • Be a domestic corporation
  • Have only allowable shareholders

Here is how the numbers look comparing companies paying corporate income taxes, and S corps, at the present and with the new rates if Obama gets his increase through on the high earners.

 

COMPANY ONE:

C Corp

Over 100 Investors

$500,000,000 in revenue

Federal corporate income tax rate of 35% with no deductions, they pay $175,000,000. (Note that there is probably not a single corporation of this size that actually pays a 35% rate). I'll leave it to others to discover the actual effective rates they pay, but I believe it is well below 20% on average. This company would also pay a Wisconsin corporate tax of 7.9% or $39,500,000.

In total of federal and state corporate income tax Company One would pay $214,500,000 (again assuming no deductions),

Company One stockholder in the high earner bracket (over $388,350 income) right now would pay a personal tax on dividends from the corporation at a rate of 33%, again assuming no deductions ($100,000 dividends tax of $33,000) — with the Obama increase they would pay a rate of 39.6% or $39,600.

For comparison purposes, just on the FEDERAL level, let us suppose that all dividends are paid to people in the high earner bracket of 33%. The corporate tax paid would be $175,000,000 with an after tax profit of $325,000,000 and if all of that were paid out in dividends to high earners the personal tax would be 325,000,000 x 33% = $107,250,000.

Total federal taxes paid for Company One combination of corporate income and personal income taxes is $282,250,000 — again assuming no deductions for anyone.

 

COMPANY TWO:

Company Two is also a "C" Corporation with annual revenue of $500,000,000, but is only has 35 stockholders, which is well below the 100 limit for an subchapter S tax option.

Corporate income taxes — both federal and state that Company Two pays as an "S" corp. is ZERO.  All income flows directly through to the shareholders and they pay taxes on their 1040 form.

Personal income taxes paid — assuming all high earners with no deductions, $500,000,000 x 33% = $165,000,000.

 

LOSS OF TAX REVENUE FROM COMPANIES USING THE SUBCHAPTER S LOOPHOLE.

Company One income taxes corporate and personal = $282,250,000

Company Two income taxes personal only = $165,000,000

Difference in Tax Revenue between two companies same size = ($117,250,000)

The difference in Wisconsin tax revenue would be Company One with both corporate and personal taxes paying $75,879,500, while Company Two with only personal income tax paying $39,500,000 or $39,500,000 LESS TO WISCONSIN.

Note that not every state relinquishes its corporate income tax for subchapter S corporations — some of them do not recognize that status for state tax purposes, while others have alternate taxes or fees.

In summation:  When the politicians start talking about corporate tax rates and high earner tax rates, they never mention that identical 1/2 billion $$ companies could be paying much less, depending upon whether they qualify for the subchapter S loophole.

It is also apparent how private equity firms that buy up corporations can save a lot of money on taxes, if they don't have to pay corporate income taxes.

And this is just one aspect of our tax code — imagine all the various combinations that are possible for when a tax is or isn't paid, and how much.

And by the way — the subchapter S was originally intended to help out small family businesses — not companies making hundreds of millions of dollars.

Jay Sykes

12:24 pm on Friday, December 21, 2012

@David.... If Company 1 is publicly traded, the tax rate on dividends* is currently 15%, not 33%.

Wherever the dividend rate actually lands for 2013, high income earners will pay a 3.8% Healthcare Tax Surcharge (aKa Obamacare Tax) on their dividends.

*subject to an initial 60 day holding period prior to the x-dividend date.

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David Tatarowicz

3:21 pm on Friday, December 21, 2012

@Jay Thanks Jay --- you are right, the dividends would be treated as capital gains. That also brings up an interesting point -- in all the debate over the increase in taxes there has been a lot said about the fact that corporations pay an income tax first, and then the shareholders pay a capital gains tax, which is a second tax.

Now you know why I use an accountant :-)

However, with the Subchapter S (and also the LLC's) there is only one tax paid, not two --- it is only taxed once, as personal income. There are no corporate income taxes, regardless of the size of the company or its revenues, as long as it meets the shareholder requirements.

It is also interesting for the high earners that they pay very little payroll taxes in relation to their total income, while the average middle class person pays payroll taxes on 100% of their earned income ---in essence a flat rate tax.

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Jay Sykes

3:51 pm on Friday, December 21, 2012

The payroll tax is actually progressive too.

Those with higher working years earnings get a significantly less percentage of their contributions returned during their retirement years. If your total income is higher in your retirement (unearned income) you are subject to income taxes on your Social Security earnings(tax on a tax) and you pay a significant monthly medicare premium adjustment*.

*Income-related Adjustments: People with Medicare who report 2011 income above $85,000 a year ($170,000 filing jointly) are legally responsible to cover a larger portion of the cost of their coverage. These premium adjustments range from $42.00 to $230.80 a month for Medicare Part B.

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David Tatarowicz

4:54 pm on Friday, December 21, 2012

@Jay That sounds good in theory -- "payroll tax is actually progressive too".

However in practice, as you know, the Payroll tax has been subsidizing the General Fund for decades --- if not ever since its inception.

Politicians like to talk about the "lock box" into which excess collections of social security, etc., are put into --- and the average person thinks that the money actually is put away somewhere until it is needed. NOT SO !!

The excess money is used along with the General Funds. When we talk about the National Debt --- yep, a lot of it is owned to ourselves!

If it were not for the politicians using the Payroll Taxes to subsidize the General Fund --- they would need to Raise a Lot of Taxes ---- and that would include on the Higher Earners also.

I know this can be argued back and forth "Tomaato or Tomato" --- but a case can be made that by using the Payroll Taxes to subsidize the General Fund, the Higher Earner are able to be taxed at a lower rate by being subsidized by that revenue.

I also do not buy into Social Security as being a "pay as you go" plan --- I know it was a wolf dressed up in sheep's clothing to get it through congress at the time -- but it really is a Safety Net Program and not a quid pro quo.

Unfortunately, with the demise of the corporate pension plans (defined benefit) it is now very necessary for those for whom it was never intended to be a cornerstone of their retirement.

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David Tatarowicz

5:19 pm on Friday, December 21, 2012

@Steve So You're the ONE who Built the Tax Code ---- start running, the tar is being heated up and the chickens are being plucked now that we know who is responsible !!

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Steve ®

5:25 pm on Friday, December 21, 2012

No whining, pay your fair share its patriotic.

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Nuitari

4:20 pm on Sunday, December 23, 2012

51% of Americans support this tax code by reelecting that socialist.

Brian Dey

10:23 am on Wednesday, December 26, 2012

David- You don't tell the whole story and that can be a bit deceiving. Whileit is true that profit and loss are claimed on your personal income, there are other taxes that also are paid through Form 1120. In good years, when this passes through your personal income you may see th profots taxed at a lower capital gains tax rate. However, when there are loses for deduction, it is a a tax disadvantage. C Corp's are at a big advantage when the economy is poor because they have higher limits and are able to deduct more than an S Corp.

Further, without the distinction, small business could not raise capital through stock sales. If all S Corps had to file as Sole Proprietors, they would be paying not only for their personal income, but for the entire income of the business, thus being double taxed. If a small business is paying 35-39% of all his business revenue, what incentive is there to stay in business. Would you invest thousands of dollars into a business so you could only use 65-61% for income, pay expenses, etc...?

That is what you Obama folks don't understand. Many of us pay income tax as employee of our business, and the rest is taxed again. So in essence, we are being charged more than the average person in taxes.

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David Tatarowicz

11:46 am on Wednesday, December 26, 2012

@ Brian Form 1120 as I understand it, simply establishes what the profit or loss is for the company. This profit or loss goes directly to the shareholders who then put it on their 1040. The S Corp does NOT pay a corporate tax on this profit or loss at the Federal level, or at the state level in Wisconsin.

It is an added advantage for the shareholders that they can transfer a loss to their 1040 ---a shareholder in a regular C Corp does not get this opportunity.

I do not follow your take on the sole proprietorship --- their profit or loss again,simply transfers to their 1040 -- but they do not have the protection of the corporate veil --- hence, their company can be attacked for any personal liability they have.

That is why so many small business owners who elect to incorporate to protect the company against their personal liabilities (and vice versa) take the Sub S election, so they pay the same taxes and NO corporate taxes.

An LLC is another way to achieve the same purposes, but LLC's are not universal and there a many more complications that have to be addressed, especially if they operate in multiple states.

In summation in Wisconsin --- a company can make 100's of millions in profits and pays NO Federal Corporate taxes on that profit, and NO state corporate income taxes on it either. It is only taxed once, as personal income on a 1040.

Perhaps Jay can clear up any mis-statements or mi-understandings here.

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Brian Dey

11:52 am on Wednesday, December 26, 2012

David- I own an S Corp and from most S Corp owners I know, which are many, I and we own 100% of our stock so the profit and losses pass though to the owner. We are not getting away with anything. We are paying our fair share. And yes, many think they are insulating themselves from personal liability, they really aren't. As a Corp, you have to have a board. If have a board, you have to have officers. Officers are liable for liabilities of the Corp.

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David Tatarowicz

5:30 pm on Wednesday, December 26, 2012

@Brian I believe that under Wisconsin law, a corporation can have a board of one !!! In any case, even if every corporation had a board of a dozen, there are very specific instances in which board members could have a liability --- and larger corporations usually provide board members with liability insurance.

If not for the corporate veil --- why else would a small company incorporate ?

Mike

1:20 pm on Wednesday, December 26, 2012

As a tax accountant, I find this article to be shallow and misleading. What is the point of this article? A high-level look at the difference between S-corps and C-corps? If so, it fails, and anyone who doesn't understand taxes and reads this is now misinformed. I'll only say that no corporation, of any type, pays taxes based on revenue. I find it ridiculous that you're trying to villify S-corporations for getting away with something via some secret loophole. There are many things that could be considered "loopholes" in the tax code, small little things that allow a certain group of folks to avoid taxation on this or that, I'm not really sure you can consider an entire business formation and it's tax provisions a "loophole". All this article does is serve to inform those who aren't tax educated that S-corps are some sinister business that allow scoundrels to go untaxed. Terrible, terrible article that serves no purpose. Great job Patch.

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Randy1949

1:27 pm on Wednesday, December 26, 2012

You beat me to the question -- is the 'revenue' of which David speaks gross or net? My understanding is that one only pays tax on the net.

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Craig

1:34 pm on Wednesday, December 26, 2012

I have to agree with your opinion about this blog. The author knows only enough to be dangerous by spreading misinformation. While I read this piece, I wondered if the author was complaining that sole proprietor business should pay taxes and then the pass through income should be taxed yet again?
Previous articles by this same author will shed some light on his agenda and twisted views on economics.

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Bam Bam Ruble

2:55 pm on Wednesday, December 26, 2012

My understanding is that one only pays tax on the net.--probably the dumbest thing ever said on Patch. Randy1949 the drunken monkey needs to know that net means after taxes. Are we to believe that you think that taxes are paid on the net-net? maybe this is the next liberal wet dream.

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Randy1949

3:05 pm on Wednesday, December 26, 2012

Really, Bam-Bam? I thought net revenue meant the amount left after you have paid all your business expenses. 'Acme Widgets' has one billion dollars in sales per year, but it doesn't pay corporate taxes on the entire one billion. It pays corporate taxes on one billion minus the cost of making and selling the widgets, and that amount is considerably less.

It's the holidays. I'll give you a little gift by letting you ridicule me further.

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David Tatarowicz

5:27 pm on Wednesday, December 26, 2012

@Mike Unfortunately I used the word revenue when I meant profits or earnings --- other than that, of course there is a huge difference --- in one case a "corporate " income tax is paid ---in the other No "Corporate" income taxes are paid --- I think this is very important, because we keep hearing how our corporate income taxes are the highest in the world -- and if many of the huge companies which the average person thinks of as a corporation that is paying corporate taxes, they should know that many avoid that if they qualify for a subchapter S

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Craig

6:25 pm on Wednesday, December 26, 2012

Bam Bam you are way out of line going after Randy1949.
I hope it was a case of mistaken identity.
My question is this: How is an S corp getting corporate tax breaks? If this is passed on to the owners as regular income and taxed as such, the tax rate is 35-39%.
According to the math I learned, this is at least more than regular corporate tax rates ANYWHERE on the planet!

Mike

8:22 am on Thursday, December 27, 2012

David, I stand by my original point, your article is poorly written and thus confusing to the average person who does not really understand or care to understand the American taxing system. Our corporate taxes are some of the highest in the World, so we keep hearing that because it's true, so not sure what you're trying to get across with that comment. And yes, it's true there are some very large companies that qualify for S-corp status, but contrary to how you make it sound, the rules for becoming an S-corp are very stringent, and there are heavy taxes attached to converting from a C-corp to an S-corp. Just because some companies started small and incorporated as an S-corp, and then hit it big, does not mean there is something sinister going on. Large of amounts of tax dollars are still being paid in based on the revenue of the S-corp, except instead of coming directly from the the Corp, they're coming from the owners, who will be paying at a generally high rate, depending on their tax circumstances. I go back to my original point that this article serves no purpose, as it does not constructively educate or get any valid point across.

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David Tatarowicz

9:03 am on Thursday, December 27, 2012

@Mike There are not too many people who understand out taxing system --- and I daresay that there is absolutely no one who knows it all ... and that is just the Federal system.

You say our corporate taxes are some of the highest in the world --- you would be correct to say that the RATES are the highest or among the highest, but as you know any corporation of any size pays much less and often NOTHING in corporate taxes, with all the exceptions and loopholes that are built into the system.

Only the poor suckers who own small businesses and are incorporated and do not take a Subchapter S election pay anywhere near the stated rate.

Now correct me if I am mistaken here, but any Wisconsin Coroporation that is eligible to take the S Status pays NO WI Corporate Tax --- and any of their shareholders (which must number 100 or less) who live outside of Wisconsin pay no Personal Tax on the income either --- please let me know if that is correct.

Lastly I am not saying that any Corporation that takes an S status is immoral --- they would be stupid if they did not take a legal loophole.. The same applies to those who can and do take an LLC form of corporation.

My purpose here was to respond to all the inane talking points about how the rich and how the corporations are taxed too much --- you may be correct when you say that "the average person does not really ... care to understand the American taxing system" --- too sad as they do not know when they are being played.

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Mike

9:15 am on Thursday, December 27, 2012

I'm sick of all this BS nonsense that gets bandied about because a few corporations with extremely sophisticated, though legal, tax strategies, avoid paying higher tax rates. The fact of the matter is, the majority of corporations, large & small, pay their "fair share", but we only hear about the Googles and Facebooks of the World.

The taxation of S-corporations vary by state, some recognize the election and grant pass-through status so that the income is taxed at the shareholder level, and some states don't recognize it and force the entity to pay taxes as well. I'm not sure where you're getting the information that someone with income from a WI S-corp wouldn't have to pay income tax on their share of income from the S-corp (unless you're referring to the someone who lives in one of a few states with no personal income tax).

All the information passed around through major news outlets, those are generally exceptions to the rule. Most folks who are "rich" do in fact pay their fair share, which is generally, after deductions, etc, somewhere probably in the neighborhood of 25-30% to federal, and 5-8% to state, not to mention property taxes, sales taxes, etc.

Yes their are folks who use loopholes to their advantage to minimize or negate their tax bills, more power to them if they follow the letter of the law. But trying to frame your liberal "tax the rich more" point-of-view through the thin veil of demonizing pass-through entities is silly and pointless.

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David Tatarowicz

12:55 pm on Thursday, December 27, 2012

@Mike I have purposely not said what I thought anyone should be paying -- corporate or individual --- in income taxes. Your thought is "fair share" --- which is meaningless, as that means something different to everybody.

What would you define as "fair share" in STATE income tax for a company with 10's of millions in profits --- in Wisconsin (where we live) if it is an S Corp they pay NO Corporate taxes, plain and simple. And most folks do not know that !!

If any of the shareholders live outside Wisconsin, they pay NO Wisconsin income tax on that profit --- do you think most folks know that?

Again --- I have no problem with any entity or person using all the legal loopholes and deductions to lessen their tax burden. They would be foolish not to do so.

But in a system in which huge companies can avoid corporate taxes, and a system in which some huge companies can avoid all, most or some Wisconsin taxes of any sort on the earnings of that company --- it is the voters who are being fooled !

Isn't all the talk about how high our business tax rates are in this country compared to the rest of the world disingenuous and intentionally misleading to the voters ?

Tax rates and Actual Taxes are totally different --- let's make that clear and part of the discussion.

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Mike

2:57 pm on Thursday, December 27, 2012

@David - "If any of the shareholders live outside Wisconsin, they pay NO Wisconsin income tax on that profit --- do you think most folks know that?" Actually, people wouldn't know that and they shouldn't because it's not true. If you are a shareholder of an S-corp per WI laws, then you must file a WI tax return and report your activity on that S-corp.

You keep harping on this point that S-corps don't pay on corporate tax in WI, what's your point? It's a tax law that allows certain corporations to be treated as a pass-through entity, ultimately that income is still being taxed at the individual level, so why are you whining so much about it? If a corporation pays tax, great, if an individual pays tax, great, what's the difference? It's all money to the gov't. Not all corporations pay dividends, so arguing that the gov't is somehow losing out on the double taxation is not a solid argument.

There's no secrecy about pass-through laws, if people are ignorant to them, your terribly written article isn't going to help the situation.

Go Galt

9:19 am on Thursday, December 27, 2012

Funny how a legal rule in the IRS tax code is considered a loophole by the liberals, who themselves love all of the loopholes when it comes to their taxes. Greedy, envious hypocrites.

No offense Dave, put you are not one to talk about paying your fair share, if you know what I mean by the access to public information on CCAP, sir.

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Randy1949

10:36 am on Thursday, December 27, 2012

What loopholes? You mean not getting (income) taxed on the first $18K of my income (married, joint filers)? Some loophole! You get the same loophole, BTW. So does Mitt Romney.

As far as corporate taxes go, if a corporation is so small that it only generates enough revenue AFTER expenses to put it into the lower tax brackets, then they should pay at the same rate as an individual. But i don't see why anyone would incorporate if the business were that small.

Bear in mind, my experience goes only as far as running a little Mom & Pop business and filling out the Schedule C and SE. If we were lucky enough to make enough from the business to get us into the 35% bracket, I think I'd just count my blessings.

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David Tatarowicz

1:03 pm on Thursday, December 27, 2012

@Go Gait I guess you don't understand the difference between not reporting a tax liability and trying to get away from it, and actually reporting a liability, and paying it off over time, along with monstrous interest and penalty charges.

If someone is injured and has astronomical medical expenses and is unable to fully work -- but chooses not to go on the dole and to do what they can, and to report their tax liabilities and pay them off with huge added amounts -- you somehow think that is the wrong thing to do?

I guess a little information can be too much to assimilate by a little mind !!

cud1555

12:30 pm on Thursday, December 27, 2012

I assume that David is supporting the Republican position regarding the "fiscal cliff" since their position for raising revenue has been to look at loopholes in the tax code and entitlements as opposed to raising the tax rates as opposed to raising the rates on the "rich"

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Mike

8:09 am on Friday, December 28, 2012

So I guess once actual facts are brought into the argument that go against what the writer says, he slinks away. If you're reading this Patch editor, you should really consider taking this article down, it's misleading, and taxes are not a topic which should be written about by the uneducated.

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Randy1949

9:40 am on Friday, December 28, 2012

Actually, here's your golden opportunity to explain how different corporations are structured and taxed. I know I'd be interested.

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Mike

10:32 am on Friday, December 28, 2012

@Randy, perhaps I'll have to write my own blog about it, way too much to include in a comment field! And it would be way longer than the original article above, as to do it any justice you have to go into some level of detail. It's pointless to explain it using extremely basic examples, because those examples don't reflect how it works, ever.

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