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April 1, 2018

Navigating Business Tax Classifications In 2018

20% deduction for pass-through entities

The Tax Cuts and Jobs Act of 2017 (the “Act”) has dramatically changed the tax landscape this year.  Two important changes include the new 20% deduction for pass-through entities, such as S-corporations and partnerships, and the 21% flat tax rate for C-corporations.  Where conventional wisdom once dictated that most small business owners elect S-corporation tax status for their companies (a “pass-through” option), these new rules should have owners re-considering whether C-corporation tax status might offer better tax results.

In this post, we will compare S-corporation (pass-through taxation) and C-corporation (corporate taxation) tax classifications for business owners at two different income levels. One example covers an owner with taxable income just below the $315,000 taxable income phase-out threshold for married filing jointly status (“Income Level I”) and one shows an owner with total income of $1 Million (“Income Level II”) when factoring in both her personal income (from W-2 wages) and business net income. The detailed examples can be found here.

As for our conclusions, at incomes around Income Level I, there is an advantage to using pass-through taxation because much of the income is taxed on the individual’s return at rates below the 21% rate applicable to C-corporations. However, at higher personal income levels, such as Income Level II, if there is a desire to re-invest significant funds in the business, using C-corporation taxation may enable a business owner to pay lower income taxes and therefore have more funds for business growth.

Should you choose S-corporation or C-corporation income tax classification?

As with many tax questions, the answer ultimately is: it depends. Specifically, the owner’s goals for the business profits should be a driving force in determining the appropriate tax classification in each situation. Pass-through entities expose business income to individual brackets which include rates below 21%. If this amounts to a major portion of the income, it can be a very important factor and favors pass-through entities such as S-corporations and partnerships. As personal incomes increase, more individual income will be exposed to brackets above 21% and, if the intention is to leave it in the corporation anyway, then the C-corporation classification can result in lower income taxation. Business owners should consult with their CPAs, attorneys, and financial advisors to take full advantage of these new tax laws.

 

* Intended as general guidance only and not as legal advice.