C-Corp for SSTB Owner

Technical topics regarding tax preparation.
#1
Posts:
43
Joined:
26-Jul-2020 10:08pm
Location:
CA
I read about a tax savings strategy for S-Corp Owners that are SSTB's whereby the owner sets up a C-corp that is a professional employment organization. The C-corp renders some sort of service to the S-corp such as bookkeeping, HR, payroll, marketing, etc. S-Corp books the deduction to lower the owners income to qualify for the QBI deduction and C-corp pays tax on the income at the lower 21% rate.

Has anyone recommended this strategy to a client or done it for themselves? It seems extremely sketchy especially if the C-corp only exists for the tax savings and the benefit would be reduced or maybe eliminated when the owner pulls the money from the C-corp.

Thanks in advance!
 

#2
Posts:
750
Joined:
22-Sep-2014 9:25am
Location:
Farmington, Michigan
Where did you read it? Did they have any examples showing the tax savings? As you've already noted, when you pull the money from the c-corp, the tax savings vanish.
Dave

Taxation is the price we pay for failing to build a civilized society. ~ Mark Skousen
 

#3
Posts:
43
Joined:
26-Jul-2020 10:08pm
Location:
CA
I read it in "Tax-Free Wealth" by Tom Wheelwright, a rich dad poor dad book. There was an example but it did not factor in what happens when you take the money out of the c-corp. He said the way to get around it was to loan the money to your S-corp or another entity, but it seems that would just delay the inevitable. Thanks!
 

#4
BTJig  
Posts:
218
Joined:
29-Sep-2016 9:26am
Location:
Florida
What's the taxable income expected at the shareholder personal income tax level? Single filers with income less than $164,901 and married couples with income less than $329,801 don't have an SSTB problem, regardless of the fact that the pass-thru trade or business is classified as an SSTB.

And even if you have taxable income above those thresholds, there is a ratable phase-out over $50K for single filers and $100K for MFJ. So you might have some room to maneuver depending on the taxable income at the shareholder level.
 

#5
Posts:
8282
Joined:
4-Mar-2018 9:03pm
Location:
The Office
Needs to have some bona fide business and/or legal purpose for the arrangement to be respected for tax.

Also, transactions need to be approximately fair market and arms-length or else we have exposure to Sec 482.

I can't imagine the juice being worth the squeeze, considering all the tax, legal and administrative fees needed to make this arrangement arms-length and keep it that way/administer it.
 

#6
JR1  
Posts:
6131
Joined:
21-Apr-2014 9:31am
Location:
Western 'burbs of Chicago
Gotta love the C corp advocates who don't work the back end. Sooner or later, the owner wants that money!! I can remember a few decades back listening to Jerry Riles (say Rawhles...he was from somewhere way south), may he rest in peace...he was a C corp dog on a bone and I couldn't shake him! I was much younger but already was a proponent of S corps...I just gave up listening to him on C's...there is no way out.
Go Blackhawks! Go Pack Go!
Remembering our son, Ben Jan 22, 1992 to Aug 26, 2011.
For FB'ers: https://www.facebook.com/groups/BenRoberts/
 

#7
Posts:
8282
Joined:
4-Mar-2018 9:03pm
Location:
The Office
JR1 wrote:Sooner or later, the owner wants that money!!


Just loan it all out to the shareholder. Then forget about it when the corp liquidates. :) Isn't that what most clients want to do?
 

#8
JR1  
Posts:
6131
Joined:
21-Apr-2014 9:31am
Location:
Western 'burbs of Chicago
Right? Or owner dies, someone else's problem.
Go Blackhawks! Go Pack Go!
Remembering our son, Ben Jan 22, 1992 to Aug 26, 2011.
For FB'ers: https://www.facebook.com/groups/BenRoberts/
 

#9
Posts:
43
Joined:
26-Jul-2020 10:08pm
Location:
CA
Thank you everyone for the insights, much appreciated!
 


Return to Taxation



Who is online

Users browsing this forum: FiguredBasis, Google [Bot], ManVsTax, rbynaker and 79 guests