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Unit 3: Corporate Tax Planning




               as well as C corporations that derive most of their income from the personal services of   Notes
               shareholders, are required to use the calendar-year basis for tax purposes. Most other

               corporations can choose whichever basis provides them with the most tax benefits. Using a

               fiscal-year basis to stagger the corporate tax year and the personal one can provide several
               advantages.

                 Example: Many corporations choose to end their  fiscal year on January 31 and give

          their shareholder/employees bonuses at that time. The bonuses are still tax deductible for the
          corporation, while the individual shareholders enjoy use of that money without owing taxes on
          it until April 15 of the following year.
               Both the owners and employees of C corporations receive salaries for their work, and the
               corporation must withhold taxes on the wages paid. All such salaries are tax deductible for

               the corporations, as are fringe benefits supplied to employees. Many smaller corporations

               can arrange to pay out all corporate income in salaries and benefits, leaving no income
               subject to the corporate income tax. Of course, the individual shareholder/employees are
               required to pay personal income taxes. Still, corporations can use tax planning strategies
               to defer or accrue income between the corporation and individuals in order to pay taxes
               in the lowest possible tax bracket. The one major disadvantage to corporate taxation
               is that corporate income is subject to corporate taxes, and then income distributions to
               shareholders in the form of dividends are also taxable for the shareholders. This situation
               is known as “double taxation.”
          (iii)  S Corporations: Sub-chapter S corporations avoid the problem of double taxation by
               passing their earnings (or losses) through directly to shareholders, without having to pay
               dividends. Experts note that it is often preferable for tax planning purposes to begin a new
               business as an S corporation rather than a C corporation. Many businesses show a loss for
               a year or more when they first begin operations. At the same time, individual owners often

               cash out investments and sell assets in order to accumulate the funds needed to start the
               business. The owners would have to pay tax on this income unless the corporate losses
               were passed through to offset it.
          Another tax planning strategy available to shareholder/employees of S corporations involves
          keeping FICA (Federal Insurance Contributions Act) taxes low by setting modest salaries for
          themselves, below the Social Security base. S corporation shareholder/employees are only
          required to pay FICA taxes on the income that they receive as salaries, not on income that they
          receive as dividends or on earnings that are retained in the corporation. It is important to note,
          however, that unreasonably low salaries may be challenged by the IRS.

          The key objective in effective corporate tax planning is to identify the main factors in the or-
          ganisation’s structure that dictate the opportunities for tax effi ciencies.

               !

             Caution What tax planning is not?
             1.   Tax Planning is NOT tax evasion. It involves sensible planning of your income
                 sources and investments. It is not tax evasion which is illegal under Indian laws.
             2.   Tax Planning is NOT just putting your money blindly into any 80C investments.

             3.   Tax Planning is NOT difficult. Tax Planning is easy. It can be practiced by everyone

                 and with a very little time commitment as long as one is organised with their
                 fi nances.






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