No one will argue with this little piggybank – money plus money is more money. In fact, that’s the best part of paying taxes – It means you’ve made money! But did you know the type of entity you select can affect your taxes?

As we mentioned last Friday, we’re doing a series on four tax considerations that may help you pick the best business type for you and help your business become more tax efficient. The considerations are:

1. Pass through of gains
2. Pass through of losses
3. Transfer of assets to the entity, and
4. Transfer of assets from the entity

Last week we covered the S-Corporation. This week, we’ll cover the C-corporation.

What is a C-Corporation?

Usually, when people refer to a corporation, they mean a C-corporation. The C stands for the subchapter of the IRS code which governs the federal taxation of this type of entity. There are many benefits to having a corporate entity, such as the limited liability. For more info on the benefits of having a corporation, check here. As for the tax considerations, consider the following:

1. Pass through of Gains

With a C-corp, any gains or profits made by the company that are then distributed to the shareholders will be taxed twice. This double taxation imposes significant costs upon the transfer of money from the corporation to the shareholders. The average corporate tax rate in the United States is 35%. Further, the shareholder will pay an additional tax of 15% on dividends or distributions paid to them via the corporation. This can amount to a 50% tax rate on profits paid out to shareholders.

2. Pass through of Losses

A corporation is not able to pass losses through to shareholders. This could be a significant drawback when a shareholder wants to be able to write off expected losses. Generally, however, the corporation as an entity is able to carry their losses backwards or forwards and apply the tax benefit of a loss to future or past profits. This means that if a corporation realizes losses in one year and profits another, they are able to reduce the tax burden of the profitable year by carrying the loss over.

3. Transfer of assets to the entity

A major component of starting a new business is transferring assets to the corporation so it is able to conduct its business. Generally, if an asset is more valuable at the time it is transferred than when it was purchased, there would be a taxable event. For example, if property (land, buildings, and machines) were bought for $100, but are worth $200 when they are transferred to the corporation, the gain of $100 could be a taxable event for the original owner of the property.

There are complicated tax rules governing these “sales” of assets to corporations, especially if the person who originally owned the asset is not the only owner of the corporation. However, if the person(s) transferring the property owns 80% or more of the company at the time, then this isn’t an issue. If you think this applies to you, consult a licensed professional before making such transfers.

4. Transfer of assets from the entity to shareholders

As we saw above, when a company transfers gains to shareholders there is double taxation. Likewise, a transfer of assets from the corporation to a shareholder is subject to double taxation. For example, if the corporation is to distribute assets rather than money to a shareholder, the company would pay tax on any gain in value of that asset, and the recipient of the asset would also have a taxable gain on the asset received.

While starting a company may create complicated tax issues, choosing the entity that is right for you doesn’t need to be. Visit our Learning Center to see how easy setting up an entity can be!

Don’t forget, only 38 days left before April 17th!

Deborah Sweeney

Deborah Sweeney is an advocate for protecting personal and business assets for business owners and entrepreneurs. With extensive experience in the field of corporate and intellectual property law, Deborah provides insightful commentary on the benefits of incorporation and trademark registration.

Education: Deborah received her Juris Doctor and Master of Business Administration degrees from Pepperdine University, and has served as an adjunct professor at the University of West Los Angeles and San Fernando School of Law in corporate and intellectual property law.

Experience: After becoming a partner at LA-based law firm, Michel & Robinson, she became an in-house attorney for MyCorporation, formerly a division in Intuit. She took the company private in 2009 and after 10 years of entrepreneurship sold the company to Deluxe Corporation. Deborah is also well-recognized for her written work online as a contributing writer with some of the top business and entrepreneurial blogging sites including Forbes, Business Insider, SCORE, and Fox Business, among others.

Fun facts/Other pursuits: Originally from Southern California, Deborah enjoys spending time with her husband and two sons, Benjamin and Christopher, and practicing Pilates. Deborah believes in the importance of family and credits the entrepreneurial business model for giving her the flexibility to enjoy both a career and motherhood. Deborah, and MyCorporation, have previously been honored by the San Fernando Valley Business Journal’s List of the Valley’s Largest Women-Owned Businesses in 2012. MyCorporation received the Stevie Award for Best Women-Owned Business in 2011.

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