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How to avoid/minimize further tax on distribution of C-corp retained earnings?
by GY2, Performer
- Created: October 12, 2009, 10:21 am
- Updated: January 28, 2013, 11:39 am
I'm trying to figure out how to solve what to me is a tough tax question without having to pay a zillion dollars to an advisor who may or may not know what he is talking about. Any help or advice would be much appreciated.
Say I'm the sole owner of my C-corp which has accumulated some retained earnings which I now need to throw off to avoid the accumulated earnings tax penalty. How to do that is my question.
If I pay myself a dividend, I will lose 15% to qualified dividends tax.
What if the C-corp increased its salary and retirement contribution expenses related to me (as the sole employee) to the point of creating an opertating loss? The actual cash salary and retirement contribution payments would come from my accumulated retained earning.
Say, becuase of the limits on the annual amount of the retirement contribution, it takes me 2-3 years to reduce retained earnings to zero while the C-corp runs operating losses for each of those years.
Question 1: Would this work so far?
If the above would be okay, then at the end of this process, is there a way to use the C-corp's operating losses to offset my personal salary income? I'm thinking about converting the C-corp to an S-corp but I don't know how the operating lossess would be treated in such a conversion.
Question 2: Would this C to S conversion allow me to use the C's operating losses to offset my personal salary income? Would those losses be passed through to my personal taxes?
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taxStrat | Window Shopper | 1/26/2013 - 3:47 am
retained earnings automatically triggers AET.
This is not the case, in fact, most C-Corps that have been around for awhile
exceed $250,000.
The real gauge is not retained earnings, but excess CASH held in the company
and not distributed as Dividends.
Keep cash from piling up and you are fine ;-)
If operations and growth don't keep cash from accumulating to excessive
levels, then make use of non-deductable expenses like Life Insurance
Policies, Country Club or CEO group membership dues for the owner paid by the
company etc.
Also, principle payments on debt is a great tool for keeping cash low even
when retained earnings are high.
The key is to not let excess undistributed cash accumulate.
Can you imagine the tax hit Microsoft would take if they had to pay AET?
Companies like Microsoft become exceptional at justifying their cash levels
in relationship to their retained earnings in order to avoid AET.
If all else fails with regard to keeping cash levels from becoming excessive,
start recording a plan for how you are going to use the cash as a defensive
position in your market sector, or how you are going to grow the company with
future acquisitions etc....this will create a history of documentation of a
"valid business purpose" for the surplus cash reserves.
In summary:
Retained Earnings over $250,000 can trigger a review to see if you owe AET,
but ultimately its your cash levels and/or documented constructive plans for
excess cash that decides whether you get accessed.
jbeidle | Contributor | 10/14/2009 - 8:06 pm
phanio | Contributor | 10/14/2009 - 9:05 am
bizmaster | Creator | 10/12/2009 - 4:37 pm
GY2 | Performer | 10/13/2009 - 8:12 am
BizResearcher | Window Shopper | 10/13/2009 - 11:53 am
GY2 | Performer | 10/13/2009 - 11:58 am
GY2 | Performer | 10/15/2009 - 9:44 am
GY2 | Performer | 10/15/2009 - 9:51 am
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