home *** CD-ROM | disk | FTP | other *** search
- @081 CHAP 8
-
- ┌────────────────────────────────────┐
- │ ACCUMULATED EARNINGS TAX │
- └────────────────────────────────────┘
-
- @IF119xx]NOTE FOR @NAME:
- @IF119xx]
- @IF119xx](The following discussion of the accumulated earnings tax is
- @IF119xx]not particularly relevant for your business, which is a
- @IF119xx]@ENTITY, and not a C corporation.)
- @IF119xx]
- @IF110xx](NOTE: Because your firm is organized as a C corporation, it
- @IF110xx]is possible the accumulated earnings tax penalty described
- @IF110xx]below could apply to @NAME.
- @IF110xx]
- @IF110xx]If so, you may want to consider electing S corporation status,
- @IF110xx]in order to eliminate any further exposure to this "penalty
- @IF110xx]tax" in the future.)
- @IF110xx]
- Because (federal) corporate income tax rates begin at only
- 15% on the first $50,000 of taxable income of a C corporation,
- and only $22,250 on the first $100,000 of taxable income
- (22.25%), it is tempting to accumulate as much income in
- the corporation as possible at those low tax rates, rather
- than pay out dividends (or even deductible salaries to
- stockholders), which may be taxable at 31% to 39.6% tax
- rates to the owners. The tax law has long provided for an
- ACCUMULATED EARNINGS TAX on any such income accumulations
- that are considered to be excessive.
-
- Corporations are generally allowed to accumulate up to
- $250,000 of undistributed earnings (only $150,000 for
- certain professional service corporations) without any
- questions from the IRS. Above this safe harbor, however, a
- corporation must be able to justify the accumulation based
- on the "reasonable business needs" of the company. If not
- able to justify excessive accumulations, the corporation
- becomes potentially subject to the accumulated earnings
- penalty tax, which is 39.6% of the amount determined to be
- "excessive accumulations."
-
- Thus, while there are definite benefits to accumulating
- some annual profits in a C corporation, one needs to be
- wary of the accumulated earnings penalty tax, unless you
- are able to demonstrate that the corporation is retaining
- the capital because it needs to plow it back into the
- business for working capital, expansion, etc.
-
- The possibility of being hit by the accumulated earnings
- penalty tax is one of the disadvantages of operating as a C
- corporation. This is one less tax to worry about if you
- remain unincorporated, or elect to operate your corporation
- under Subchapter S (as an "S corporation").
-
- ┌───────────────────────────────────────────────┐
- │ WAYS OF AVOIDING THE ACCUMULATED EARNINGS TAX │
- └───────────────────────────────────────────────┘
-
- While accumulating earnings in a C corporation can be a
- worthwhile tax planning maneuver, you may find after a number
- of years that you have accumulated several hundred thousand
- dollars in the corporation, and that cash is coming out of
- the corporation's ears. In that case, the corporation will
- become an inviting target for an overeager IRS auditor who
- wants to slap the corporation with a large accumulated
- earnings penalty tax. Here are a few strategies for
- avoiding (or getting out of) this bind:
-
- . Elect S corporation status, where this is feasible,
- as a last resort. S corporations are not subject to
- the accumulated earnings tax.
-
- . Reduce excess liquidity (too much cash, stocks and
- bonds, etc.) in the corporation by plowing profits
- back into the business, buying more equipment or
- facilities. Consider having the corporation buy real
- estate that it is currently leasing from a landlord
- or prepay some of the debts of the corporation. Or,
- if buying out another shareholder, let the corporation
- redeem his or her stock, rather than buy it yourself
- as an individual. Such a redemption will reduce
- the corporation's excess liquidity AND (in part) its
- accumulated earnings.
-
- . Set up a reserve to redeem stock of a shareholder
- (who has died) in order to provide cash for the
- individual's estate to pay death taxes, funeral
- expenses and other estate expenses. This reserve, if
- properly documented, is like a debt that is allowed
- as a reduction of the corporation's accumulated
- earnings, in determining the amount of excessive
- accumulated earnings.
-
- . Create a fund to allow for a bona fide plan to replace
- facilities or to expand the business, including an
- acquisition of another business. Be sure to thoroughly
- document these plans in your corporate minutes.
-
- . Set up a reasonable reserve fund, if in manufacturing,
- to pay potential uninsured product liability claims.
- This reserve is not deductible in computing income
- tax, but can be taken into account for purposes of
- the accumulated earnings tax.
-
- . Accumulate funds to retire indebtedness created in
- connection with the business of the corporation.
-
- . Establish a "defined benefit pension plan" with an
- initial "past service liability" that must be funded
- over a period of years.
-
- @CODE: LS
- In @STATE, any accumulated earnings are confiscated
- by the State.
-
- @CODE:OF
-
-