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Information provided on this site is for general guidance only and
is often simplified. Actual IRS procedures are complex, and taxpayers
should obtain professional assistance or use IRS sources for complete
information.
The
President's Tax PanelThe Panel made far-reaching
recommendations for reform of the Tax Code in 2005
- but there is doubt about their political feasibility.
A
regular corporation (known as a C corporation because
it is taxed under Part C of the Tax Code) is taxed
on its income as filed annually on Form 1120.
For
federal tax purposes, corporations include any business
organized under a federal or state law that identifies
the entity as a corporation, joint stock companies,
insurance companies, FDIC-insured banks, business
entities wholly owned by a state or any political
subdivision thereof, and certain foreign business
entities. Noncorporate entities, such as sole proprietorships
and partnerships, may elect to be taxed as corporations.
Taxation
is at the following rates (US$):
Corporate
taxes
Income
Tax
rate
US$0–50,000
15%
US$50,001–75,000
US$7,500
+ 25% of the excess amount
US$75,001–100,000
US$13,750
+ 34% of the excess amount
US$100,001–335,000
US$22,250
+ 39% of the excess amount
US$335,001–10,000,000
US$113,900
+34% of the excess amount
US$10,000,001–15,000,000
US$3,400,000
+ 35% of the excess amount
US$15,000,001–18,333,333
US$5,150,000
+ 38% of the excess amount
US$18,333,334
and above
35%
Smaller
companies may use a simplified income tax return
Form 1120-A if they meet the following requirements,
among others:
Gross
receipts and total income are both under $500,000;
Total assets are also under $500,000;
Does
not own and is not owned by a foreign corporation.
Personal
service corporations (those whose employees spend
at least 95% of their time in a series of defined
professional fields) are taxed at a flat rate of
35% of net profits; Personal Holding Companies may
be subject to a 39.6% tax on undistributed PHC income.
Members of a controlled group of corporations are
taxed on their consolidated income. A C corporation
may be subject to a 39.6% accumulated earnings tax
on retained earnings above $250,000, if they are
not related to the reasonable needs of the business.
A C corporation may also be subject to alternative
minimum tax. The corporate AMT does not apply to
any corporation with average gross receipts of less
than $5 million for a three-year period. For corporations
that are subject to AMT, the rate is 20 percent.
A
corporation does not get a tax deduction when it
distributes dividends to its shareholders. Any distributions
made to stockholders are taxed again at the stockholders'
tax rates as dividends. This rule has made the C
corporation unattractive for many small businesses,
which often prefer to use an "S" corporation,
partnership or limited liability company, all of
which are 'pass-through' in terms of corporate taxation.
'Corporate
earnings & profits (E&P)' are defined on
a different basis from taxable income; distributions
to shareholders in excess of corporate E&P are
normally not taxable to the corporation, which
must file Form 5452, Corporate Report of Nondividend
Distributions, whenever nontaxable distributions
are made to corporate shareholders.
Corporations
can set up their books to show net income based
on corporate E&P rather than tax return net
income. This allows the accumulation of corporate
E&P (for purposes of determining how much is
available for dividend distributions) to be recorded
in the corporate retained earnings account on the
corporation balance sheet. The difference between
"book" net income (corporate E&P),
and "tax return" net income is reconciled
on Schedule M-1, Form 1120.
The
President's Tax PanelThe Panel made far-reaching
recommendations for reform of the Tax Code in 2005
- but there is doubt about their political feasibility.
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