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.