Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

Archive for March 12th, 2006

Owning Multiple Corporatoins

Posted by taxguru on March 12, 2006

 

Q-1:

Subject: Taxing of Mulitiply Corporations
 
Question:  Are there any tax rate consequences of owning 100% ownership of two small corporations.   In other words, are profits stacked on top each other for income tax rate purposes? 

A-1:

In cases such as that, referred to as a controlled group of corporations, you need to allocate such things as the lower tax brackets and the Section 179 deduction among them.  The corporations’ tax preparer needs to attach a statement to each 1120 explaining the allocation of these items with the names and FEINs of each controlled group corp listed.

Kerry Kerstetter

Q-2:

Thank you….

I’m just setting up the second corporation.   Would it be better if I owned….say only 80% of the second corporation …or would that not make any difference?

Thanks again.

A-2:

As I constantly have to say, it’s extremely dangerous to try to run one corporation without the advice and counsel of an experienced competent tax professional.  With multiple corporations, that danger is multiplied many times.

If you take a look at the applicable Code Section 1563 definitions, you can see how tricky this can get.  It’s not just an 80% ownership by a single party.  There are also attribution rules to consider, where ownership by related parties can be attributed to you, as well as the brother-sister controlled group rules with a 50% threshold among five or fewer owners.

Just because each separate corp may not be able to utilize the full benefit of the lower tax brackets and Section 179 deductions doesn’t make owning multiple corporations a bad idea.  There are several other reasons to do so, including liability protection, state income sourcing and payroll issues, to name just a few. 

A good tax and or legal pro should be able to help you structure things in the best manner to achieve your goals.

Good luck.

Kerry Kerstetter

 

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Corporate Accounting Mystery

Posted by taxguru on March 12, 2006

 

Q:

Subject: Great S vs C article
 
Hi,
 
This is a very good article.  But I still don’t know if I should covert to S corp or not.  I work full time.  And I also have a C corporation.  I have been doing very little business since I got my full time job, this year the business made about 5300 and I actually had to put in 3500 from my pocket into it.  I just finished doing the Turbo Tax Business for it, and it turned out to be 1300 loss.
 
So if I understand this correctly, and this was an S corp, I could somehow show that loss on my personal return? 
 
Do you think it would be best for me to convert to S corp?  Would it make any difference at such a small level and I’m the only owner.
 
Also is there anywhere I need to say on my personal or corporate return that I loaned my business 3500 last year?
 
Thanks,

A:

If you are serious about operating a business, you absolutely need to be working with a tax professional who can properly guide you.  No information on the internet or from strangers like me can do the proper job for what you need.  Neither can a tax prep program like TurboTax substitute for competent professional guidance.  This is especially true with corporations, about which you obviously don’t understand the fundamental basics.

As I’ve explained on my website, C corps pay taxes, while the net income or loss from S corps is passed through to the 1040s of the shareholders. 

The other thing you need to do ASAP is get your corporation properly set up on a double entry accounting system, such as QuickBooks.  Corporations are required to include balance sheet info as well as a P&L with their annual income tax returns.  Loans from shareholders will be disclosed in the Liabilities section of the Balance Sheet.

Good luck.

Kerry Kerstetter

 

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Locating Good Tax Help

Posted by taxguru on March 12, 2006

 

Q:

Subject: Help.  I am lost.
HELP!!!
 
The following is taken directly from this page address on your web site.  
 
“{The following information is not intended to replace the services of a professional qualified income tax consultant who can better understand how these issues fit into your particular circumstances.  Trying to set up and/or operate a corporation of any kind without competent  professional guidance is asking for serious trouble.}
 
“I continue to hear attorneys and other allegedly knowledgeable authorities recommending the use of Subchapter S corporations, when that ends up costing the clients a lot more in tax dollars.”
 
In the first paragraph, you are telling me (an owner of a C corp.) to operate without competent professional guidance is asking for serious trouble.  Then, in the next paragraph, you tell me about “allegedly” competent professional guidance that could end up causing me serious trouble.
 
How in the world do I discern between the competent professional guidance and the alleged knowledgeable professionals?!
 
I have been in business for just over a year.  I need a competent attorney and accountant who understands C corporations…particularly a C corporation that is just me…who is an artist.  So how do I find that COMPETENT attorney and accountant?  The phone book???  Referral by someone who does not really know if the attorney or accountant is competent or competent in regard to C corps???  Utilization of the VLAA (Volunteer Lawyers and Accountants for Artists) who may or may not be competent…at least in regard to C corps or my particular situation???
 
Like the characters on the hit ABC tv show…I am lost.

A:

That has always been a dilemma. 

Unfortunately, we don’t have anyone to whom we could refer you. If you haven’t already done so, you should check out my tips on how to select the right tax preparer for you.

Good luck.

Kerry Kerstetter

Follow-Up:

Kerry, thank you for the reply — much appreciated!  I checked out the link you sent — good stuff.

All the best,

 

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Tax Training

Posted by taxguru on March 12, 2006

Q:

Subject: nice to have found you

Kerry,

I have  a rather unusual background. I am a CA CPA who left the field about six years ago after getting my audit hours from KPMG and then went to work as a Longshoremen  at the Port of LA. I still work at the docks but my very flexible schedule allows me to pursue other interests. I am currently working for a small tax firm 35 hours a week helping prepare all types of tax returns. I am pretty rusty and was wondering if you had any suggestions of tax courses you can recommend that will help me improve my tax & acct skills.

God Bless America

Thanks

A:

While the H&R Block class does a good job of covering the basics, there is no training of any kind that can beat hands-on real life experience.  Your best bet would be to work with a tax prep office that does a wide variety of different kinds of tax returns.

My current favorite reference book is The Tax Book.  Having a copy of that with you will speed up your learning process tremendously.

Good luck.

Kerry Kerstetter

 

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