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You can reduce overall income taxes by using two different levels of taxation: yours and your corporation’s.

The owners of a profitable small corporation can often save thousands of dollars in overall income taxes by keeping a modest amount of profits in the corporation and paying out the rest to themselves as employee salaries and bonuses. Called “income splitting,” this works because corporate tax rates on the first $75,000 of corporate income are usually lower than the owners’ personal income tax rates.

How Income Splitting Works

As you already know, a corporation is a separate legal entity from its owners, and it pays it’s own income taxes. This means that if the owners keep some income in the corporation (profits that are not paid out to the owners in the form of salaries and bonuses), it will be taxed at corporate income tax rates, not at the individual income tax rates of its owners. Income that is kept in the corporation is shown as “retained earnings” on a corporation’s balance sheet, and is reported on IRS Form 1120 each year.

Because federal corporate income tax rates on the first $75,000 of corporate income are lower than the federal individual income tax rates on that same amount of personal income (see the chart below), corporate taxes on retained earnings can be lower. (These rates do not apply to professional corporations, which are taxed at a flat rate of 35%.)

Corporate vs. Individual Tax Rates

2002 Corporate Rates
$0 to $50,000 15%
$50,001 to $75,000 25%
$75,001 to $100,000 34%
2002 Individual Rates – Single
$0 to $6,000 10%
$6,001 to $27,950 15%
$27,951 to $67,700 27%
$67,701 to $141,250 30%
$141,251 to $307,050 35%
2002 Individual Rates – Married Filing Jointly
$0 to $12,000 10%
$12,001 to $46,700 15%
$46,701 to $112,850 27%
$112,851 to $171,950 30%
$171,951 to $307,050 35%

Using Salaries to Control Income Splitting

You can use owner salaries and bonuses to control how much income is taxed at the corporate rate and how much is taxed at individual rates. Every dollar you pay yourself increases your personal taxable income and reduces the corporation’s taxable income – that is, the amount of business income taxed at corporate tax rates. (This works because the corporation can deduct 100% of salaries and bonuses.)

On the flip side, if you lower your salary and bonuses and leave this money in the corporation, your personal taxable income will decrease, and the corporation’s taxable income will rise.

Using salaries in this way allows for great flexibility when you’re searching for ways to save tax dollars.

Examples

Ken owns and operates Gleeful Interiors, Inc., a newly incorporated Feng Shui interior decorating business. In the year 2000, Ken pays himself a generous salary of $75,000, leaving no profits in the business. He pays $16,815 in individual income taxes. If he had instead kept the $75,000 in the business to help it grow, the corporation would pay $13,750 in corporate income taxes, $3,065 less than Ken paid.

Will is the sole owner of Enginuity Car Repair, Inc. After deducting his current corporate salary of $75,000, he expects his corporation to net $100,000 this year. If he leaves this entire $100,000 profit in the company, his corporation will pay a 34% corporate income tax on the $25,000 portion of the income that exceeds $75,000. If, instead, he pays himself a bonus of $25,000, the bonus is deducted by his corporation and taxed to him individually at his marginal 30% individual income tax rate. In this way, he ends up paying less in overall income taxes than if he left the entire $100,000 profit in the business.

 

Paying Dividends Does Not Save Taxes

 Paying corporate profits directly to corporate owners in the form of shareholder dividends is not considered income splitting. Why? Because under IRS and state tax rules, corporations cannot write off (deduct as a business expense) dividends paid to a corporate shareholder. The result is a double tax: both the corporation and the owners pay taxes on dividends.

Practical Management of Profits

Reducing taxes is just one of several things you should consider when deciding how to split your corporation’s income. Many other practical and economic needs determine the amount of money that should stay in a corporation – owners need salaries on which they can live comfortably and the corporation needs money to cover its expenses. In addition, the IRS places limits on the amount of money your corporation can retain.

Start-Up Costs

Especially in the early days of a business, owners typically find that they must retain some profits in the corporation to buy inventory and equipment, meet payroll costs, develop new products and cover other expenses of a growing business. Fortunately, up to $75,000 of these profits will be taxed at the lower corporate tax rates.

Increased Profitability

As a business matures and begins earning more than it needs to fund growth, the owners will no doubt want to pay out more corporate profits to themselves in the form of salaries and bonuses. Regardless of the possible continued savings from income splitting, owners are likely to increase their salaries or declare bonuses if the corporation’s cash reserves are adequate to meet foreseeable needs. Plus, the possibility of savings from income splitting decreases as more profits are kept in the corporation – rarely will a corporation save money by retaining more than $100,000 of profits in the corporation each year.

IRS Limits on “Accumulated Earnings”

The IRS may limit the amount of money your corporation can retain. Usually, you can keep a total of $250,000 of “accumulated earnings” in the business at any one time, no questions asked (for professional corporations, this amount is limited to $150,000).

You can retain more earnings if you have a valid business reason, but if the IRS decides you are simply trying to lower your taxes by keeping profits in the corporation, you can be hit with a penalty tax that equals the highest individual tax rate (38.6% in 2002). This penalty can easily wipe out any benefit you received by keeping excess money in the corporation.

More Information About Income Splitting

To learn more about saving taxes by splitting income between you and your corporation, including examples of how you can accomplish tax savings, see Save Taxes With Corporate Income Splitting, by Anthony Mancuso (Nolo.com).

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