Talking Shop Blog

Business Tax Planning with Higher Tax Rates Coming

The top tax bracket is the same for individuals and corporations – 35%. But that changes next year when the Bush tax cuts expire.

The top individual rate goes up to 39.6%, a 13% jump for those in the top bracket.

With the higher individual rates coming, we’ve had some business owners ask whether it’s time to convert back to a regular “C” corporation.

The short answer is no.

A regular “C” corporation is subject to double tax, while partnerships, LLCs and “S” corporations are not.

A “C” corporation pays tax at the corporate level on operating profits. And the owners pay tax again when the profits are paid out as dividends.

This double tax can be in excess of 50% in many cases. That’s a lot higher than a 39.6% tax cost.

The double tax also applies when a business is sold.

Most sales are structured as an “asset sale” for tax and legal reasons.

So the corporation pays tax on the sale of the assets, and the owners pay tax again on the net liquidating distributions.

There’s no capital gain tax rate for regular “C” corporations. So the double tax on a business sale is also often in excess of 50%.

The bottom line? 

For most companies, it’s generally best to keep operating as a partnership, LLC or “S” corporation. Even with the higher rates coming next year.

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Posted by Jerry Lopatka on June 30, 2010, 4:02 pm  | Trackback

More on 2010 Tax Planning

Tax rates are set to go up next year when the so-called “Bush tax cuts” expire.

As things stand, the top two brackets will likely increase from 33% to 36% and from 35% to 39.6% for “high income households” ($200,000 for individuals and $250,000 for families).

So it may make sense to accelerate income from 2011 into 2010, to take advantage of this year’s lower rates.

Of course, you’re accelerating the tax bill as well. But the tax savings might outweigh the “lost earnings” with today’s low investment returns.

This strategy may not apply if you’re subject to the alternative minimum tax. The only way to know for sure is to run the numbers both ways for both years.

Your tax advisor can help you with that.

Tomorrow – what not to do with higher tax rates coming.

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Posted by Jerry Lopatka on June 29, 2010, 2:42 pm  | Trackback

Stocks, Gold and Taxes

Larry Kudlow is a well known financial commentator and host of “The Kudlow Report” on CNBC (http://www.kudlow.com/about.php ).

He also hosts “The Larry Kudlow Show” on WABC Radio, which is syndicated nationally by Citadel Media. The show can be heard locally in Chicago on WLS.AM Saturdays at 3:00 P.M. ( http://www.wlsam.com/default.asp ).

The other day Kudlow was talking about stocks, gold and taxes. He commented that maybe now is the time to “take some gains” with the prospect of higher capital gain tax rates next year.

He wasn’t giving investment or tax advice but just posing a question.

And a good question at that.

The capital gain tax rate is scheduled to increase to 20% next year, a 33% increase from the current 15% rate.

So a $50,000 stock gain will cost you an extra $2,500 in federal tax next year.

Of course, there are many factors to consider before you sell, including investment issues, your personal tax situation and the time value of money, to name a few.

And many investors are still carrying substantial capital loss carryforwards from 2008 and 2009.

Now’s a good time to start the annual tax planning process.

More tomorrow.

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Posted by Jerry Lopatka on June 28, 2010, 1:05 pm  | Trackback

Financial Reform Agreement Reached

Yesterday morning, American John Isner won a first round match at Wimbledon after an 11 hour, 5 minute marathon match that spanned 3 days.

Not to be outdone, this morning House and Senate lawmakers approved a sweeping financial overhaul bill, after their 20 hour marathon session that ended at 5:39 a.m. this morning.

We’d like to tell you all about the agreement, but we can’t.

Lawmakers can’t either.

As Senator Chris Dodd (D-Conn) said this morning:

 “No one will know until this is actually in place how it works…It took a crisis to bring us to the point where we could actually get this job done.”

Dodd, as chairman of the Senate Banking Committee, led the financial overhaul efforts in the Senate.

But he’s not quite sure how this whole thing will work.

Of course that brings us to Rahm Emanuel’s infamous line:

 “You never want a serious crisis to go to waste”…

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Posted by Jerry Lopatka on June 25, 2010, 9:02 am  | Trackback

New Guidance on the Affordable Care Act

We’re still following the tax extenders bill (H.R. 4213), which would extend unemployment benefits and some popular tax breaks that expired last year.

The bill also includes some unpopular tax provisions, including the “carried interest” provisions and the proposed extension of self employment tax on certain professional services companies.

We hear the latest version circulating among Senate Democrats scales back the carried interest rules that would apply to some family owned investment partnerships. 

Stay tuned.

On another front,  the Department of Labor’s Employee Benefits Security Administration has just posted information on the preexisting condition exclusions, lifetime and annual limits, rescissions and patient protections under the Affordable Care Act.

You can find a comprehensive Fact Sheet at

http://www.healthreform.gov/newsroom/new_patients_bill_of_rights.html

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Posted by Jerry Lopatka on June 23, 2010, 5:04 am  | Trackback

Universal Health Care – Someone’s Paying the Bill

Last week I was in Washington D.C. for a business conference. Politics is everywhere inside the Beltway.

Even on a cab ride to a Ruth Chris Steak House.

The cabbie was from Bhutan, a small Himalayan country bordered by India and China. Turns out he passed the CPA exam and has a degree from George Washington University.

Somehow we got onto the topic of the new health care reform bill. He told me that Bhutan has free health care for everyone.

Of course there’s no free ride. Whether it’s a cab ride or a visit to your local doctor.

Someone’s paying the bill.

Bhutan does have universal health care according to various websites I checked out when I got back home.

Bhutan also has the usual array of corporate and personal income taxes, property taxes, sales taxes, vehicle taxes, licenses, fees and more. Just like us.

They don’t have a value added tax (VAT). But they’re thinking about it.

See Bhutan has a budget deficit, just like us. And the government of Bhutan is planning on replacing their sales tax with a VAT to address their budget problems.

“VAT is increasingly been seen as a better alternative to the sales tax,” said the Bhutan Finance Secretary, Lam Dorji

( http://www.businessbhutan.bt/?p=1103 ).

Of course that “better alternative” means higher taxes: “An official of the finance ministry said VAT would help close down the budgetary deficit gap of Bhutan.”

There may be universal health care, but there’s no such thing as free health care.

Someone’s paying the bill.

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Posted by Jerry Lopatka on June 22, 2010, 8:28 am  | Trackback

The CIA and Global Investing

Looking for higher returns on your fixed income investments? Me too.

I’ve been checking out government bonds across the globe.

A 10-year Australian bond is yielding about 5.4%, which isn’t bad.

Head south of our border and you can find some higher returns.

A 30-year Mexico Government International Bond is at 5.80% according to Bondsonline.com . Go further south and a 30 year Brazilian Government International Bond yields 5.87%. ( http://www.bondsonline.com/Todays_Market/ )

Of course, there are risks in investing in international bonds, including geo-political, social and economic issues, to name a few.

So you need to do your homework before you invest.

And is there anyone better at risk assessment than the U.S. Central Intelligence Agency?

That’s right, the CIA.

You can find a wealth of information from the CIA’s World Factbook page at:

https://www.cia.gov/library/publications/the-world-factbook/index.html

Select a country and you’ll find useful economic information on GDP, labor force, inflation, household income, public debt, industrial production and much more.

They even have a Kid’s Page where the youngsters can play games, solve puzzles and learn all about the CIA ( https://www.cia.gov/kids-page/index.html ).

Of course, adults can play the games too.

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Posted by Jerry Lopatka on June 16, 2010, 8:16 am  | Trackback

Spending Fatigue?

On Friday, the federal debt stood at over $13 trillion.

Make that $13,041,405, 343,973.44 according to the Treasury Department’s “Debt to the Penny” website.

http://www.treasurydirect.gov/NP/BPDLogin?application=np )

Then on Saturday President Obama asked Congress for $50 billion in “emergency aid” for state and local governments, noting that the money is needed to avoid “massive layoffs of teachers, police and firefighters.”

There’s no “revenue offset” to the President’s request, which means it’s unfunded.

Add the new debt to the existing debt and it looks like this:

$13,041,405,343,973.40

        50,000,000,000.00

$13,091,405,343,973.40

Not surprising, the request was met with mixed reactions from both sides of the aisle, amid rising concerns about the growing deficits.

House Majority Leader, Steny Hoyer (D-Md.) said “I think there is spending fatigue.”

It’s about time.

And let’s hope it stays that way for a while.

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Posted by Jerry Lopatka on June 14, 2010, 12:05 pm  | Trackback

Excess Capacity in the Federal Government

We wonder about a few of the provisions in the tax extenders bill.

Like this one:

“Commerce Department study on job losses . The bill requires the Commerce Department to submit a report to Congress on job losses in New England, Mid-Atlantic and Midwest states over the past 20 years. The Commerce Department would study what role the off-shoring of manufacturing has played in job losses, and would be required to submit recommendations on how to attract industries and jobs to the regions. This proposal is estimated to have no cost.

How can a mandate like this not cost anything to prepare?

A 20 year analysis covering 25 states?

Imagine the number of government workers needed to work on the project, both staff and management.

Maybe they’re thinking there’s no cost because the people who would do the work are already on the payroll.

But that implies those workers would have the time to do the work without putting in overtime.

If that’s the case, then we already have too many government workers.

That’s called excess capacity in our world.

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Posted by Jerry Lopatka on June 9, 2010, 6:41 pm  | Trackback

Extreme Accounting: Tax vs. GAAP

Luca Pacioli is often called “the Father of Accounting” for his 1494 book on double-entry accounting.

And for over 500 hundred years since, tax accountants and auditors have debated this Renaissance question:

What’s tougher to understand? Tax Law or GAAP (Generally Accepted Accounting Principles).

I thought the Infernal Revenue Code won. Hands down.

But last week I asked one of my audit partners a simple question about accounting for a business acquisition.

He/she, who shall remain anonymous, gave me this:

“Well, let’s start with this basic question: just exactly what is a “business?”

“See a business consists of inputs and processes applied to those inputs that have the ability to create outputs.”

“And GAAP says this about that.”

Input.  Any economic resource that creates, or has the ability to create, outputs when one or more processes are applied to it.

Process. Any system, standard, protocol, convention, or rule that when applied to an input or output, creates or has the ability to create outputs. 

Output. The result of inputs and processes applied to those inputs that provide or have the ability to provide a return in the form of dividends, lower costs, or other economic benefits directly to investors or other owners, members, or participants.”

Right.

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Posted by Jerry Lopatka on June 8, 2010, 8:35 am  | Trackback
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