by Larry Holmes, CPA, MBT
Recently, I have found a number of small business owners using S Corporations and LLCs rather than C Corporations. It appears that many tax professionals recommend the use of S Corporations or LLCs exclusively without considering the tax benefits of a C Corporation. I thought I had better let you know about the major tax benefits of a C Corporation compared to those other types of entities.
Avoiding the Double-Tax Dilemma
These tax professionals cannot seem to solve the problem of how to get the money out of the C Corporation without paying the "double-tax" that exists on corporations and individuals. Perhaps they are unaware of the many ways to access the money through the use of legally available, non-taxable fringe benefits. The list is almost endless and can be found in the tax code. It is not difficult if you know where to look.
The solution to the problem of the double-tax on corporations and individuals is to avoid it all together by careful tax planning. For most small businesses, paying the double-tax is simply an indication of a poor (or no) tax plan.
A Clever Strategy Using the C Corporation
A clever strategy for successful business owners is to leave money inside of the company at the end of the year rather than pay it out in bonuses. This money can work just like a retirement account; it can be left in the company, invested and allowed to grow. When it reaches a sizable sum, the owners can access it in a variety of ways, i.e. borrowing it, paying for medical expenses, paying dividends (taxed at 15%) or liquidating it and paying capital gains at 15% or they can pass it along in a very favorable estate tax plan, if they so choose. Also, a nest egg left in the company can be used for a rainy day, business slowdowns, or expanding the company by investing in new lines of business. It can also be used to fund another enterprise the owners start or become involved with at a later date.
Most of our small business clients are very talented people and the accumulation of money through cheap tax rates in a C Corporation is of great value to them over time. It enables them to get into some much bigger games in the future and they are glad to have the money available to play those bigger games.
Your “Custom” Fiscal Year
The other major tax difference is the availability of a fiscal year-end. A C Corporation can adopt a fiscal year end. The S Corporation and LLC are usually stuck with a calendar year end. I find that the tax savings from a fiscal year end can be huge. Bonuses can be paid out of the C Corporation in January rather than in December and that means the individuals don’t have to pay tax on those bonuses until the following year. Now if you do that every year (pay bonuses in January rather than December), you find that almost one full year of income tax disappears into the far distant future. Imagine skipping one year of tax until some far distant future date (30 to 40 years or even more)? It’s possible with good planning.
Not a “One-Size-Fits-All” Strategy
Despite the many tax benefits that exist for C Corporations, I don’t exclusively utilize C Corporations rather than S Corporations or LLCs. There are still many business situations and tax strategies that dictate the use of entities other than C Corporations. Real estate investments rarely make sense in C Corporations, for example. However, I find that the use of a C Corporation in conjunction with an S Corporation or LLC can really hit some home runs by taking full tax advantage of each type of entity. Using multiple entities can get complicated in a hurry, but in certain business situations that tax savings can be astonishing.
Anyway, next time you hear someone telling you about how S Corporations or LLCs are the only way to go, think twice. It is quite likely that the small business owner would find the C Corporation to be much more profitable and beneficial.
Another thought: why do you think that all the fortune 500 Companies are C Corporations? Sure, they have legal reasons for using C Corporations. But they also have the smartest and brightest tax guys in the world working out the best tax solutions by using C Corporations. Don’t you think the brightest minds in the world working for the richest companies in the world know something about what they are doing?
The above is simply a general overview of what I have seen and is not intended to be specific tax advice for anyone. S Corps and LLCs do have their uses. The purpose of this article is to make you more aware of the possible tax benefits rather than make a specific recommendation.
If you would like more information, please call me. I would love to help you with your particular situation.
Sincerely,
Larry Holmes, CPA, MBA
Holmes & Associates