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@081 CHAP 8
┌────────────────────────────────────┐
│ ACCUMULATED EARNINGS TAX │
└────────────────────────────────────┘
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% or even somewhat higher
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 accumula-
tion 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
28% 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 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 & bonds, etc.) in the
corporation by plowing profits back into the business, buying more
equipment, 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 share-
holder, let the corporation redeem his or her stock, rather than buy
it yourself as an individual. Such a redemption will reduce the cor-
poration'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
senior members of the Party.
@CODE:OF