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The Next Shelter for Wealthy Americans: C Corporations

  Sanjiv Gupta CPA  Published 
The Next Shelter for Wealthy Americans: C Corporations

Because of the intricacies from the tax code, companies and businesses are encouraged to turn down the traditional kind of corporate business. This is a C corporation. Instead, they are asked to organize what is popularly known as “pass-throughs.” This has also been what is regarded as the norm. These businesses are not taxed at the corporate level but at the bracket of the individual income tax. The incentive for the business to be structured as such is so influential.

The pending reaction of the corporate tax rate form the 35% maximum and down to 20% also flips the equation for a number of taxpayers. It gives the business owners and a couple of wage earners a process to protect their income tax rates and let it reach to a 42.3% high. This is done by becoming C-corporations. The Senate tax bill also includes the rules to put a limitation on the professional’s ability. These professionals are layers, managers, and doctors. They can no longer incorporate and have the label income regarded as a corporate profit. Instead, a business that is non-corporate may also be elected to be taxed at a rate at the corporate level. That election is simple, and it requires a checkbox without even having him a form. There are no required lawyers during the interrogation.

This kind of tax sheltering does not only cost the Treasury a vast and substantial overall fiscal total, but it also benefits the one with the most income and the most financially sophisticated Americans that have no influence whatsoever in the total economy. It also does not create jobs.

While there are certain elements of the proposals from the GOP that is an illustration of what may improve the current system in the corporate taxation, this is also the opportunity to shelter what can reduce the revenue and also benefit the high-income taxpayers. It also introduces the new costs of inefficiency to the domestic tax system. The way to end these opportunities for the over-all tax arbitrage that very minute is to keep the rich Americans from playing with the tax system and leading it to their advantage. The point is to tax all income, whether it be individual or business, and make the rates effective. Without this approach, lawmakers must at least address that there are loopholes that will exacerbate this new kind of tax shelter.

What is a Tax Shelter?


It is important to note that under the new bill, the payers with higher income can transform into C corporations.

Under this newly signed bill, the rate of the wage earners will reach a high 42.3%. This includes payroll taxes and income. The highest rate of the income for pass-through businesses, especially when taken into account can also benefit how this is deducted for entrepreneurs of this kind of business. The calculation is looking like it will be 29.6%.

C-corporation shareholders can also pay the 20% corporate tax as well as pay for the dividend of the capital gains taxes on the individual tax returns that reaches up to 23.8%. Whenever taken in practice, the effective rate on the capital gains have the tendency to be lower than the statutory rate on the capital gains and it becomes lower than the rate because of the shareholders that defer the shares and because there are a number of provisions that also eliminate the tax entirely. Aside to the lower rate, the form for the C corporation also allows that a number of taxpayers are given the ability to deduct the fringe benefits and a number of these are the pass-through business owners that are unable to be deducted, such as the premiums on health insurance and the fringe benefits. These are also used to itemize the deductions such as the paid local and state taxes which are no longer deductible for the individuals. This tax treatment is favorable for those who are earning high wages and owners of pass-through businesses because they can turn their income into profits for the corporation.

Aside from this, the capability of the high earners and high-income taxpayers to turn their income from high tax wages and into corporate profits cannot be interrupted. The Senate bill includes provisions that are to limit the ability of the service businesses like those working in the aspects of law, health, engineering, and architecture. This is what they do in order to make the most out of the deductions that are available in the pass-through businesses. There are no prohibitions that applied to the C corporate businesses. In the 1970s, whenever the top individual income tax rates are significantly higher than the income tax rate of the corporation, there are high-income individuals that incorporate the C-corporations in order to shelter the income from the individual tax rates that are higher than the average. An example is that it can eventually be tax-efficient only for those who have bonds that bear interests in a corporation. This being said, it benefits companies more than individuals. When making the switch from the pass-through kind of business and into the C corporation form, the steps are simple. Today, the pass-through business owners essentially just check on a box on the tax form, specifically Form 8832, and therefore electing themselves into a C-corporation. It is difficult to argue that the bill favors these businesses because entrepreneurs can choose to file under this method so that they can lower their accumulated taxes.

Tax sheltering will also cost the Treasury a significant amount of money. IT also benefits the most financially sophisticated and highest income-earning Americans in methods that cannot do anything in order to help the total economy so that jobs can be created.

The magnitude of the total breakfast is expected to be quite large. In 2014, about 75% of the income from the pass-through businesses can total around $674 billion that is accrued to the taxpayers that are facing a different bracket rate, which is 25% above the norm. Meanwhile, 50% of the businesses that are pass-through also total to an amount of $464 billion that is connected to the owners. In the top brackets, a large share of the businesses can also benefit the C corporations in order to pay taxes rate that is much lower.

Wage Earning Corporate Managers will also benefit from the new bill

It is most likely that the large share of income and wages that are paid to the corporate managers are in a switch form. Take into consideration, individuals that are their own entrepreneurs because they have S-corporations and C-corporations. Closely held are the corporations with a small number of shareholders. The stock is also publicly traded and once the managers and the owners file the corporate tax return then this is generally subject to the legal protections as that of the C-corporations. The income is then pass-through the pro-rata along with its shareholders.

Nowadays, the individuals are also generally selected so that the corporation’s income can be received in the kind of wages that let them be on the top rating. It is also well combined with corporate profits. In 2013, total wages can also pay to the C-corporation representatives a total amount of $225. The majority of this compensation is also paid so that the managers and owners of small businesses are closely held. Aside from this, the wages of the S-corporation businesses are also paid to the individuals who are both employees and owners. When combined, these S-corporation wages equate to around 57% of the aggregate S-corporation that the business can gain income. Around 70% of this officer compensation of the S-corporations are also accrued to the top individuals. The 1% of the income distribution can also have quite a great incentive and then shift the form of this income once the business rates of the corporation can also decline in a substantial connection to the rate of the labor income. The very cases where this exists, the manager is the owner and they decide to switch this corporation to receive the income and then turning this into profits and wages because it is more straight forward. The higher-income workers can also get in on the deal. It is so easy to declare that you are your own boss and no longer an employee. You are a person that sells your own services.

“Tax Shelter” is a pejorative term because it is a legal way to reduce liabilities in taxes. Someone who believes that this is a feature of the tax code gives the taxpayers the very right to deduct the taxes. It may not be a good idea, but it is the very label for a shelter. Most people regard this as some kind of incentive on the tax code of a shelter.

Corporations and individuals can reduce the final tax liabilities and allocate the proportion of the incomes in the tax shelters. They are also often classically connected with the high earners and established corporations and wealthy households that are also connected to the Swiss bank. Tax shelters are more widespread and easily accessible than what the suggestion implies. Take, for example, the employer-sponsored of 401(k) programs. These individual retirement accounts are also accessible and widespread that the individuals can look into this as some kind of “shelter” for their income from taxation.

Whenever Sheltering Becomes Too Abusive

The IRS or the Internal Revenue Service can also make a distinction between the sheltering that encompasses the legal forms of deducting the tax liability and also serves as the aforementioned in the retirement plans. It may be abusive in the tax sheltering but this is also illegal. One example of the abusive tax-sheltering scheme which leads to the use of trusts that can reduce the liability by over-claiming the deductions are also hiding the known assets from the taxation.


Tax shelters are also beneficial whenever considered at the firm and individual levels. There are also some tax shelters can also be desirable regarding the distortionary effects that have the burden so substantive and also placed on the tax system. It has been through the tax base erosion. The erosion of the tax base is connected to the loss that has been accepted simply for the large and benefitting tax shelters. There are also shelters that gain little to even no benefits and this is very much harmful. Take, for example, the individuals and firms that cannot store their wealth in the offshore accounts because they are usually found in countries that have tax rates and laws that are more advantageous than what is in the United States. In fact, around $1,200 billion of wealth has been stored in the offshore tax havens in 2014 and this results in a loss in tax revenue that is $35 billion.

Aside from eroding the tax base, the tax shelters are also the host of other effects that are considered to be quite distortionary. For example, the corporate wealth that is stored offshore in the tax havens can also be repatriated to the United States even without obtaining the tax burden that the corporation is trying to steer clear off. This lack of capability to get the wealth that can drive the firms to find debt financing can also depress the valuation on the market.

Tax Havens

“Tax havens” are specific means of tax sheltering. The tax haven is also serving as a locality – that can be the very much a region, a state or a country. It has also turned into a personal income tax rate or a lower corporate that the tax havens can also have the other properties that may store the income that is more desirable and also become the secrecy of the bank and also look into the incorporation. This is very much the reason why it has to be made clear that the new bill actually contains glitches that benefit corporations more than individuals.