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The subchapter
"S" Corporations has many tax advantages:
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Profits are not subject
to FICA (Social Security + Medicare Tax.) This is a tremendous
loophole in the tax law and can save shareholders thousands of dollars,
each year. The profit of the Subchapter "S" Corporation is
deemed "unearned" income and thus is not subject to any
employment taxes.
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Double taxation is
avoided since the Subchapter "S" Corporation "passes
its income through" to its shareholders, that income is only
taxed once at the individual level.
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Losses can be deducted on
the shareholder's individual Income Tax Returns (Assuming they are
active in the business and have a sufficient basis in the stock.) Since
the Subchapter "S" Corporation passes its losses through to
its shareholders, those losses can be deducted on the shareholder's
individual income tax returns. Losses are only permitted for active
shareholders and are limited to the adjusted basis of each shareholder's
stock.
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Avoid the Flat 35%
Personal Service Corporate Tax Rate that would apply to doctors,
lawyers, engineers, architects, accountants, actuaries, performers, and
consultants who are "C" Corporations.
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IRS audit disallowances
are subject to just one level of tax. Since the "S"
Corporation pays no tax and passes its income or loss through to its
shareholders, an IRS audit disallowance
would only be subject to personal income tax.
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Can own stock in a
"C" Corporation or in another "S" Corporation.
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Not subject to the
alternative minimum tax, the accumulated earnings tax, or the personal
holding company tax.
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