LOOPHOLES OFTHE RICH How the Rich Legally Make More Money & Pay Less Tax phần 8 ppt

In otherwords, they are the retained earnings held by the corporation withoutany capital gains reflected.There has been significant case law supporting the Bardahl formula,which basicall

come in the corporation reduced by any net capital gains In otherwords, they are the retained earnings held by the corporation withoutany capital gains reflected.

There has been significant case law supporting the Bardahl formula,which basically says that accumulated earnings are the working capital ofthe company The working capital, or Bardahl formula, approach definesworking capital as the amount necessary to run your company

The necessary working capital for your business can be used to duce the accumulated earnings For example, if you discover you have atotal of $350,000 in accumulated earnings in your company for a poten-tial 35 percent tax on $100,000 (the excess over $250,000), you may alsofind that your company has working capital needs of $100,000 You’refine this year But next year, as your company makes more money and ac-cumulates more earnings, your risk of this excess tax will also increase.Besides the working capital, your company can also withhold a cer-tain amount for projected growth and investment in the business andcan take an accumulated earnings deduction for life insurance paid onthe lives of key officers of the company

re-You do not actually report the calculation of working capital needs

If the retained earnings on your corporate return show an amount over

$250,000, your corporation may get a letter from the IRS that asks aboutthe accumulated earnings You will be a long way ahead of the game ifyou can immediately offer copies of your working capital calculation, ad-ditional forecasted needs for the company, and corporate minutes thatsubstantiate all of it

AVOIDC CORPORATIONPITFALLS 213

Tax law is always changing and that means new tax strategies are

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lat-holes.com You’ll learn how you can become part of the holes of the Rich Reader Club to receive updates on strategies outlined

Loop-in this book Plus, you’ll have the opportunity to present feedback andask questions

C corporations have undergone some very dramatic changes just as aresult of a few simple tax rate changes Here are some of the hot new taxloopholes strategies for C corporations

Double Taxation Is Still Less Tax

One of the biggest problems for C corporations in past years has been thedouble taxation issue As we discussed previously, the double taxation is-sue means that the dividends your C corporation pays you are not tax-

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deductible for the corporation and yet they are taxable income to you.That’s what is meant by double taxation.

But let’s see what happens to that tax in light of recent tax lawchanges Currently, the dividend tax rate is no more than 15 percent.Let’s take the worst-case double taxation scenario and compare busi-ness structures for a business that has $50,000 of taxable income afteryour salary

You could put the business in an S corporation and then have the come flow through to you at your highest tax rate We’ll assume that isthe 35 percent highest federal tax rate Your tax would be 35 percent of

in-$50,000 or $17,500

Or you could put the business in a C corporation, pay the tax, andthen take the money out in the form of a dividend Your C corporationwould pay tax of 15 percent on the $50,000 for a total of $7,500 The in-come then is paid to you as a dividend The dividend income is taxed at

a maximum of 15 percent, for a total of $7,500 in taxes That meansyou’ve paid a total tax of $15,000 The worst-case scenario saves you

$2,500! Double taxation is actually better in this case

Take Back Lost Passive

Losses with Your C Corporation

If you don’t have the ability to offset your real estate losses against yourother income, maybe you can use a C corporation to help you do so.Congress enacted Code Section 469 in the 1986 tax act primarily toeliminate tax shelters, in which individuals used large depreciation de-ductions and similar tax allowances generated from highly leveraged in-vestments to deduct against their taxable salary and professional income.These rules apply only to closely held C corporations and certain per-sonal service corporations

The limited rules on the 1986 tax act indicate that it is possible topair active taxable income with passive activities generating tax losseswithin a C corporation That means you can now offset the passive lossesfrom the real estate with your earned income This approach, however,would seem to be attractive only in very special circumstances It wouldrequire a constant stream of tax losses from the passive activities I would

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also be concerned about the asset that is generating the passive losses Ifit’s appreciating, we don’t want to hold it within a C corporation.

Change the Character of Income

One of my favorite all-time strategies with a C corporation is to use it to

“upstream” income The basic plan is that either an income stream or afunction is diverted to a C corporation and the original business thenpays a fee to the corporation for this service

Here are two examples of how that could work:

1 A doctor has a regular medical practice but also subleases out

space to a drug-testing company He is compensated for use of space, plusaccess to the doctor’s clients for clinical trials This is a function that isseparate from his regular practice of medicine, which he holds in an Scorporation This separate function can operate in a C corporation Henow receives both flow-through income and salary from his medicalpractice while the C corporation receives approximately $50,000 peryear in income that is taxed at 15 percent

2 A family has begun an eBay business that has just exploded with

opportunity They are making a lot of money through their company andnow are looking at other ways of holding their business other than an Scorporation Because the husband is involved more in just the shipping

of the products while working his full-time job and the wife dedicates hertime to running the business, they decide to have the husband set up aseparate corporation He then begins subcontracting the shipping func-tion and selling shipping products to others Her S corporation pays a feefor the service His C corporation makes income from her company aswell as a few other eBay clients that he has picked up

The Seven Secrets

of C Corporations

A C corporation is a unique type of structure with special tax laws andthe ability to pay tax at its own rate, instead of at your individual rate.That means there are unique benefits to using the C corporation as yourstructure Here are my favorite reasons to use a C corporation

Own Tax Rate

No matter how you look at it, the C corporation tax rate is graduatedand if you can move $50,000 from your personal tax bracket of 35 per-cent to that of a C corporation’s tax bracket of 15 percent, you will save

$10,000 in taxes And that’s not just $10,000 today It’s $10,000 year ter year, as long as the tax rates and your income remain constant

af-Medical Reimbursement Plan

Your C corporation can form a medical reimbursement plan that pays forall medical co-payments, dental and vision care, orthodontia, therapy,even therapeutic massage—all with before-tax money The trick is thatyou can’t discriminate with the plan If you (or another company inwhich you have controlling interest) have full-time employees, you willneed to provide the same benefits to them that you receive

Disability Insurance

Your C corporation can pay for disability insurance for you It’s tax free

to you and a deduction for them

Accumulate Dividend Income

As we saw, this is one of the hot new tax strategies based on the change

in tax laws Don’t let the fear of how you will take money out of your poration stop you from having a C corporation Of course, it is better tohave other plans for taking money out of your corporation

cor-Receive Dividend Income

Your C corporation can receive dividend income and pay a whole lot less

in tax If there is no ownership in the corporation paying the dividends,only 30 percent of the dividend income is taxable If your corporationowns 20 percent or more of the company paying the dividends, only 20percent of the dividend income is taxable

Ability to Borrow from Pension Plans

If you have a pension plan just sitting there losing money, no doubtyou’ve wondered how you can access that money to do other things.One of the best little-known secrets of C corporations is that you can

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set up a corporate pension plan and roll your other pension plans into it.Then, because it’s a plan that has been set up in a corporation, you canborrow from your pension.

Generally I don’t recommend borrowing against your pension if youwork for someone else because if you leave your job you will have to paythe money back immediately But, if it’s your own company you’re muchsafer with this plan

Ability to Go Public

The C corporation is the only entity that has the ability to go public Ifyou’re planning to grow big, sooner or later you’ll need a C corporation

When Not to Use a C Corporation

Does that mean that the C corporation is the best structure for every nario? Absolutely not! Here are five scenarios where I would generally

sce-not recommend a C corporation:

1 Your business has losses A C corporation doesn’t work if you

have losses because you lose the ability to offset the loss against otherincome

2 Your business has high income The C corporation will need to

distribute most of the income out to you in the form of salary Thatmeans you’ll pay high payroll taxes If you instead use an S corporationfor the business you will be able to flow some of the income through to

you in the form of a distribution Note: A C corporation would work well

in this case for part of the income that comes from the business

3 Your business is a qualified personal service corporation In this

case, you’re pretty much stuck with a professional LLC, a professionalLLP, or an S corporation

4 Your business is a personal holding company I don’t recommend

holding appreciating assets inside a C corporation The individual capitalgains rate is much less than the rate paid at the corporate level There isalso the issue of having to liquidate the company if its only purpose is tohold an asset Appreciating assets are better held within an LP or an LLC

5 You want a very simple structure A C corporation will require

better and more diligent bookkeeping If that’s not your strong suit and

you don’t plan on hiring someone to do it for you, I don’t recommend a

C corporation Some of the biggest accounting nightmares I’ve ever seenhave been when someone tried to use a strategy of the rich without thesupport and diligence that are necessary

C Corporation Choices

A C corporation provides unique choices and opportunities It’s not thebest structure for every use and it’s not the worst structure ever invented.It’s just one more possible tool in your tax loopholes tool kit

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PART IV

Take Your Loopholes and Still Sleep at Night

Chapter 17

ELIMINATE IRS

RED FLAGS

Reduce the Likelihood of an Audit

The IRS uses patterns and statistics in deciding which taxpayers to

audit By decreasing the red flags on your tax return, you can nificantly reduce your chances of being audited Here are some ofthe ways to avoid red flags:

sig-1 Make sure there are no math errors on your return.

2 If at all possible, don’t put down round numbers such as $10,000

or $4,000 on your tax return

3 Make sure you put down on the tax forms the exact amount

re-ported to you from the following forms—even if they are wrong (write the

correct amount in a separate entry on the form):

• W-2 (wages and salaries)

• W-2G (gambling winnings)

• 1098 (mortgage interest paid)

• 1099-INT (interest earned)

• 1099-DIV (dividends earned)

• 1099-B (proceeds of sale)—allocating basis

• 1099-MISC (rents, royalties, prizes and awards, and nonemployeecompensation)

• 1099-R (pensions and IRA withdrawals)

• Form 5498 (IRA contribution information)

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4 Attach all required schedules For example, if you give noncash

gifts having a value in excess of $500 to charity, you are required to tach a schedule

at-5 Make sure you have the correct principal business or professional

activity code on your business return The wrong code will result in yourreturn being compared to dissimilar businesses See Appendix C for a list

of the business codes

Special Circumstances

Another thing the IRS will look for will be that there is inventory anduniform capitalization of costs where there are sales of products Manyretailers don’t properly record their inventory and many businesses thatalso happen to sell products don’t even show inventory The IRS isonto them!

Uniform capitalization has been around for a number of years, but I

am amazed at how many tax preparers either don’t understand how toapply this principle or ignore it You don’t need to know how to do thecalculation, but make sure your tax preparer does!

Uniform capitalization (also discussed in Chapter 11) requires tain taxpayers to capitalize direct costs and an allocable portion of indi-rect costs It covers any reseller who does not alter the form of theproperty, self-constructors who produce property for use in their owntrade or business, and producers who acquire inventory and thenchange the form of the inventory before selling it Resellers who haveless than $10 million in gross sales per year are exempt If you manufac-ture products, your gross sales exemption is much lower Check out thecurrent law with your tax preparer

cer-Business Form

Although you don’t want to make economic decisions simply based onaudit statistics, the fact is that a Schedule C business (sole proprietor)has the highest likelihood of audit

Following are the percentages of returns audited by the IRS, by year:

How Does the IRS

Select You for Audit?

The IRS makes a series of computer checks on your tax return when it isfirst received Each time your return has a problem with one of thechecks, you’re running the risk of having an audit The best way to avoid

an audit is to stay under the IRS radar screen during these checks And,

of course, comply by taking only the legal tax loopholes available.The first computer check is looking for math errors Don’t assumethat there are no math errors on your return simply because a computerprogram was used to prepare it Take the time to add up the columns andverify that the totals are properly carried to the appropriate schedules.The second computer check is looking for unallowable items andverifying third-party-reported information This is the check that makessure you’ve calculated your exemptions properly and aren’t exceeding al-lowable deductions per the form This is also the time when the IRS willtry to match up the wage, interest, dividend, and sales information re-ceived from other sources Look for the IRS to start matching K-1s frompartnerships and S corporations as well They want to make sure thatyou’re reporting everything that other people have said you should re-port And if there’s a discrepancy—guess who gets the audit!

ELIMINATEIRS REDFLAGS 225

The next check is the one that most people fear It’s a check formed by the Questionable Items Program and this is the one that cancause a full-blown audit Some of the audits are selected completely atrandom and some are called because the return simply doesn’t fit thenormal criteria.

per-An average 2001 return claimed the amounts shown in Table 17.1.The farther your numbers are away from the average, the more likelythe audit

If you have a business, the IRS will check your reported deductionsagainst other businesses of your type It will use the principal businesscode that you’ve reported for determining what types of businesses arelike yours

Avoid IRS Red Flags

• File on time (or with timely extension)

• Be thorough

• Be neat

• Be sure math is correct

• Be consistent

• Fill in all blanks that should be filled in

• Balance out deductions to reasonable amount compared to income

• Sign your return

• Mail return receipt requested

TABLE 17.1 Average Deductions Claimed for 2001 Based on Adjusted

Gross Income

$15K– $30K– $50K– $100K– Over

AGI total $21,960 $39,087 $69,466 $131,630 $539,328 Itemized deductions $11,817 $12,847 $16,346 $ 25,230 $ 69,548 Medical $ 5,616 $ 5,489 $ 5,532 $ 10,780 $ 35,927 Taxes paid $ 2,311 $ 3,052 $ 5,108 $ 9,713 $ 38,931 Interest paid $ 6,406 $ 6,783 $ 8,330 $ 11,817 $ 23,260 Charities $ 1,875 $ 1,906 $ 2,429 $ 3,761 $ 17,842

Chapter 18

HOW TO HAVE A PAINLESS IRS AUDIT

What to Do If You

Get a Letter from the IRS

First of all, you are not going to jail! But don’t ignore the letter,

ei-ther Action is needed It just needs to be reasoned and logical tion I always instruct my clients to immediately fax to me anycorrespondence they receive from the IRS That serves two pur-poses: (1) gets it out of their hands, so they can stop worrying, and (2)serves notice to someone who knows how to deal with it

ac-You Get a Letter

There are three general types of IRS audits:

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An office audit normally is for W-2 wage earners and some smallbusiness owners The taxpayer is required to bring substantiating docu-mentation for the return to the local IRS office for analysis The officeaudit typically lasts one day or less Immediately upon receipt of an officeaudit notice, the taxpayer should consult their tax preparer.

Field audits, where one or more IRS revenue agents come to a payer’s office, are usually reserved for corporations, partnerships, and lim-ited liability companies, although complex sole proprietorships are alsosubject to field audits The auditor has to go to the office of the taxpayerbecause the documentation and legal issues are voluminous and com-plex The taxpayer should expect to obtain proper representation, as well

tax-as further accounting tax-assistance to prepare for the audit

Maybe They Made a Mistake

Don’t assume that the IRS is right if you get a notice There are somecommon areas where the IRS’s technologies have not kept up and theyconsistently make errors Some common errors by the IRS:

• An IRS worker may mismatch information on W-2 forms with formation on Form 1040

in-• Employers can currently file W-2 returns on their employees ther using a standardized W-2 form or via magnetic media (tapes)

ei-In some cases, with large employers, they must file using the netic media When they do, they can use a nonstandardized W-2form, which will not always be readily apparent to the temporaryIRS worker who is working on the crunch of mail that arrives dur-ing tax time There are simply too many forms to look at, and theymight miss one, which kicks the return out for a letter Nothingwas done incorrectly; it is simply a case of human error and a sys-tem that doesn’t support the IRS worker

mag-• The total that the IRS enters from Form 1099 may be more thanthe gross income actually reported

• Calculation of interest and penalty due may be incorrect If youreceive a statement showing interest or penalty, as well as tax due,first verify that the total tax due is accurate Then, recalculate theinterest and penalty due