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Calculate Your Tax
Savings By Incorporating
Discussion
Forming
a corporation and electing to be an "S" corporation under
the Internal Revenue Code can offer substantial payroll tax savings
to a sole proprietor. Here are the reasons:
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All
sole proprietors must pay self-employment (SE) taxes on
income earned
from their business. The total tax rate is 15.3%. This
is comprised of 12.4% for Social Security on all income up to $87,000
in 2003, and 2.9% for Medicare with no wage limit.
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Payroll
taxes must be withheld from employees' paychecks.
The percentages and wage limits are the same in a corporation as
for a sole proprietor, but the employer (corporation) and employee
each pay half of both taxes.
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In
a "C" corporation (one that has not made an "S"
election), it is not advantageous to distribute profits to shareholder-employees
in the form of dividends since these are not deductible by the corporation.
Profits are typically distributed in the form of salary bonuses,
another form of compensation subject to the payroll taxes described
above.
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"S"
corporations have another option because they are "pass through"
tax entities. This means that they pay no federal taxes on profits.
Instead, profits are automatically distributed to shareholders proportionately
according to their ownership interests. These "distributions"
of profit are not considered compensation and are not subject to
payroll taxes.
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By
allocating the total income to shareholders between "compensation"
and "profit distributions," there is a potential for substantial
tax savings.

The following
table further illustrates the kind of payroll tax savings that can be
realized in an S Corporation using various earnings amounts and salary
allocations.
The table
assumes the same amount is paid to an individual either as a sole proprietor
or as a shareholder-employee of his or her S corporation. However, while
all of the earnings of the sole proprietor are subject to payroll tax
deductions, only the salary portion of the S corporation earnings are
subject to payroll taxes. The remainder of the S corporation earnings
are paid to shareholder-employees as a non-salary distribution of profits.
The last
column of the table shows the payroll tax savings to the S corporation
based on the amounts allocated in this fashion.
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Sole
Proprietor
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S
Corporation
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Annual
Earnings (same for S corp)
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Amount
Subject to SE Taxes
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Total
SE Taxes Paid
(A)
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Earnings
Portion Paid As Salary
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Earnings
Portion Paid as Profit Distribution
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Total
Payroll Taxes on Salary Portion
(C)
|
Tax
Savings Over Sole Proprietor
(A) - (C)
|
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35,000
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35,000
|
5,355
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10,000
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25,000
|
1,530
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3,825
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50,000
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50,000
|
7,650
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20,000
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30,000
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3,060
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4,590
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75,000
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75,000
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11,475
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25,000
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50,000
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3,825
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7,650
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100,000
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100,000*
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13,688
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30,000
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70,000
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4,590
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8,838
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200,000
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200,000*
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16,328
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50,000
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150,000
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7,650
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8,678
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* Subject
to $87,000 wage limit in 2003 on 12.4% Social Security Tax portion
of payroll taxes
Other considerations
favor the selection of an S corporation:
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In
a C corporation, if a year-end bonus is continually used to eliminate
a corporation's taxable income, there is an increasing risk that the
IRS may claim that bonus payments were really disguised shareholder
dividends. Since dividends are not tax deductible like salary payments
are, this increases the corporation's tax and results in double taxation
of income.
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Since
the defining characteristic of S corporations is the automatic "pass
through" to the shareholders of the corporation's taxable income,
with no federal income tax obligation by the corporation, there is
no issue of reasonable compensation of shareholder-employees to be
raised by the IRS. The only IRS focus may be a claimed underpayment
of payroll taxes, but the payment of even a "modest" salary
provides little basis for the IRS to successfully argue that an "unreasonably
low" compensation has been paid to a shareholder-employee.
| Important
Note:
You should always consult your personal financial advisor to determine
the percentages of your earnings that are appropriate to allocate
to salary and profit distribution for your particular occupation
or profession, especially if your earnings are primarily from your
personal services. |
To learn
more about S corporations, including the requirements for electing "S"
status, additional advantages and the disadvantages, click
here.

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