Tax aspects of entity choices Flashcards
Key taxes
Buiness income, employee payroll tax & fica
business income tax
fed state
employee payroll tax ad fica
ss/medicare
other taxes
C. Individual Income Tax
D. Self-Employment tax
E. Long Term corporate dividend
F. Capital Gains
different tax treatemeents.
two regimes for corps
two regimes for coprs
IRC subchapter C, subchapter S
subchapter C
a. Generally applicable tax provisions for corps
b. This is where all corps start
SUBCHAPTER s
a. Special rules for certain small corps
b. Created for small bus to get limited liability without having to get double taxed
SPECIAL rules for subchapter S
F. Domestic corps only
G. Max of 100 shareholders
H. Only “eligible” shareholders allowed
I. Only 1 class of stock
J. Individuals, descendent estates, certain trusts
a. No corps, PSHIPS, multimember LLCs or non registered ___
C coprs:
rare to advise,
LLPS treatement
- General Pship formed same way
a. Writen pship agreement and filed with the state - Mostly for existing corps
- Occasionally the right choice in special situations.
LLC treatement
- Members—managers—LLC
2. Advantages:
avoiding uncecesarry tax is
important to business
choice of entity can have
important tax consequences
corps raise the risk of double
tax