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Cut Taxes With Corporate Income Splitting

NOLO.COM  Related Articles in: Legal > Legal Structures

You can reduce overall income taxes by using two different levels of taxation: yours and your corporation's.

The owners of a profitable small corporation can often save thousands of dollars in overall income taxes by keeping a modest amount of profits in the corporation and paying out the rest to themselves as employee salaries and bonuses. Called "income splitting," this works because corporate tax rates on the first $75,000 of corporate income are usually lower than the owners' personal income tax rates.

How Income Splitting Works

As you already know, a corporation is a separate legal entity from its owners, and it pays its own income taxes. This means that if the owners keep some income in the corporation (profits that are not paid out to the owners in the form of salaries and bonuses), it will be taxed at corporate income tax rates, not at the individual income tax rates of its owners. Income that is kept in the corporation is shown as "retained earnings" on a corporation's balance sheet, and is reported on IRS Form 1120 each year.

Because federal corporate income tax rates on the first $75,000 of corporate income are usually lower than the federal individual income tax rates on that same amount of personal income (see the chart below), corporate taxes on retained earnings can be lower than personal income taxes would be on the same amount. (These rates do not apply to professional corporations, which are taxed at a flat rate of 35%.)

Corporate vs. Individual Tax Rates
2003 Corporate Rates
$0 to $50,000 15%
$50,001 to $75,000 25%
$75,001 to $100,000 34%

2003 Individual Rates - Single

$0 to $7,000

10%

$7,001 to $28,400

15%
$28,401 to $68,800 25%
$68,801 to $143,500 28%
$143,501 to $311,951 33%
2003 Individual Rates - Married Filing Jointly

$0 to $14,000

10%
$14,001 to $56,800 15%
$56,801 to $114,650 25%
$114,651 to $174,700 28%
$174,701 to $311,951 33%

Using Salaries to Control Income Splitting

You can use owner salaries and bonuses to control how much income is taxed at the corporate rate and how much is taxed at individual rates. Every dollar you pay yourself increases your personal taxable income and reduces the corporation's taxable income -- that is, the amount of business income taxed at corporate tax rates. (This works because the corporation can deduct 100% of salaries and bonuses.)

On the flip side, if you lower your salary and bonuses and leave this money in the corporation, your personal taxable income will decrease, and the corporation's taxable income will rise.

Using salaries in this way allows for great flexibility when you're searching for ways to save tax dollars.

Example
Ken owns and operates Balanced Interiors, Inc., a newly incorporated interior decorating business. Ken keeps the first year's net income of $75,000 in the business, living on savings that he accumulated (on which he has already paid taxes) prior to incorporating. Balanced Interiors pays $13,750 in corporate income taxes on this retained corporate income. This is about $2,000 less than the $15,746 individual income taxes Ken would have paid on the same net income if he took all of the income out of the business as salary.

Practical Management of Profits

Reducing taxes is just one of several things you should consider when deciding how to split your corporation's income. Many other practical and economic needs determine the amount of money that should stay in a corporation: Owners need salaries on which they can live comfortably, and the corporation needs money to cover its expenses. In addition, the IRS places limits on the amount of money your corporation can retain.

Start-Up Costs

Especially in the early days of a business, owners typically find that they must retain some profits in the corporation to buy inventory and equipment, meet payroll costs, develop new products, and cover other expenses of a growing business. Fortunately, up to $75,000 of these profits will be taxed at the lower corporate tax rates.

Increased Profitability

As a business matures and begins earning more than it needs to fund growth, the owners will no doubt want to pay out more corporate profits to themselves in the form of salaries and bonuses. Regardless of the possible continued savings from income splitting, owners are likely to increase their salaries or declare bonuses if the corporation's cash reserves are adequate to meet foreseeable needs. Plus, the possibility of savings from income splitting decreases as more profits are kept in the corporation -- rarely will a corporation save money by retaining more than $100,000 of profits in the corporation each year.

IRS Limits on "Accumulated Earnings"

The IRS may limit the amount of money your corporation can retain. Usually, you can keep a total of $250,000 of "accumulated earnings" in the business at any one time, no questions asked (for professional corporations, this amount is limited to $150,000).

You can retain more earnings if you have a valid business reason, but if the IRS decides you are simply trying to lower your taxes by keeping profits in the corporation, you can be hit with a penalty tax. This penalty can easily wipe out any benefit you received by keeping excess money in the corporation.

More Information About Income Splitting
To learn more about saving taxes by splitting income between you and your corporation, including examples of how you can accomplish tax savings, see Save Taxes With Corporate Income Splitting, by Anthony Mancuso (Nolo).
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