This topic can get very complicated, and is made worse by faulty assumptions about statistics.
I suggest you bear in mind that the plan calls for raising taxes on only 5% of people. Ergo, taxes can at most be raised on only 5% of small business. The number is smaller than 5% because we have execs at Fortune 500's earning more than $250K in salary (and stock options).
However, if say only 10% of the top 5% taxpayers are execs, then 90% of those hit with higher taxes are small business. I.e.,
his plan mostly raises taxes for small businesses.
Aren't stats funny?
But also be aware, any one small business may not show a profit of $250,000, yet the owner(s) may have $250K of income from that business on his/her tax return. How so?
1. If your business is in an S-corp (and you are other than an absentee owner),
you better be paying yourself a salary (that way the government gets you for FICA/SS). That salary will be deducted on the S-corp's T/R, and will show up on the owner's t/r along with the S-Corp profit. E.g., My S-corp shows a profit before wages of $300K, but I better pay myself a $100K salary or risk big IRS problems. So, the S-corp will only show a profit of $200K, but when including it and my salary I now show total taxable income from the business at $300K ($200K pass-through from S-corp and $100K salary).
People with a profitable S-corp (and aren't absentee owners) who refuse to pay themselves any salary (in order to avoid FICA/SS taxes) have lost each and every time when taken to court by the IRS. I've never yet seen anyone win. So, in almost every instance, the owners profit from the business on his tax return is
more than that shown on the S-corp's t/r (must add his/her salary)
2. One business is split between two or more entities; this is common and often done for liability purposes. So, no one entity (S-corp, whatever) reports $250K, but when all combined on the owner's tax return the aggregate taxable income is $250K or more.
3. Husband and wife; neither's single business reports $250K or more, but when combined on their joint tax return it does.
^ These common occurrences would be left out the stats that show business making a net profit of $250K or more. I.e., the stats *lie*
Originally posted by: smashp
Originally posted by: DealMonkey
No kidding, I was surprised to learn that 98% of small businesses earn less than $250,000. I haven't fact-checked that Obama stat, but on face value it certainly takes the wind out of any argument that small businesses will get slammed with additional taxes under Obama's proposals.
The 250,000 is for personal income tax, and a small business owner can avoid the taxable liabilities by incorporating the business and taking a salary instead. Excess funds should be used to enhance the business in the first place, not taken out as windfall profits.
Nope, not really; you're confusing pass-through entities and non-pass through entities in that one sentence.
The purpose of a pass-through entity (S corp, Pship or trust etc) is to avoid Double Taxation. If it's a pass-through entity, the owners reports it's income on his/her own tax return; it doesn't matter if the money was left in the company's bank account or not. That is irrelevant if a pass-through entity.
OTOH, leaving or taking the money ("windfall profits") does matter if incorporated as a regular (C) corporation; but then you face double taxation. If a regular corporation has a profit of $250K, it pays tax on that - say 40% - leaving $150K after taxes. The owner will then pay tax on the $150K when taken as a dividend. So, the $150K has now been taxed twice (once at corporate rates, then again at individual rates). I.e., a corporation does NOT get a tax deduction for dividends it pays to the owner(s).
But be aware, if you try to leave those "windfall profits" in the company instead of taking them as dividends (thus paying tax on the profit twice) the IRS can levy an onerous penalty (tax on excess retained earnings). I.e., you don't wanna play that game (for this reason and the one below).
Moreover, you speak of using the corporate shield to protect your assets. Well, it'd be pretty d@mn stupid to leave that "windfall profit" inside the company so it could be lost in a lawsuit; wouldn't it? No, you take it out when you can (or even better, never set up your business as a regular corp, instead opting to use a pass-through entity).
(BTW: "windfall profits" refers to something completely different and has nothing to do with this discussion)
Plus if you are making over 250,000 as a SMB owner and you aren't incorporated, The Legal liability you could face could wipe out your personal wealth. Hence you incorporate to protect and separate your personal wealth.
? I do not understand what this has to do with the topic at hand, or makes anybody statement's about the effect of this plan "pure FUD"?
The only relevance I possibly see is whether or not all unincorporated business show up as "business" per se in the statitics quoted here. Unincorporated business are reported on the owner's t/r on Sch C, E, or F. They may not even have their own Fed ID #.
I.e., these businesses may also be left out the statistics.
Thats why this is all Pure FUD from McCain.
I mean Joe the Plumber is too stupid to see it. Thats why he is an F'ing plumber
See bolded above.
Cliffs: Statistics lie, and this is a b!tch of a topic for a layperson.
BTW: I see Joe the Plumber may have a tax lien against him. In my experience this is often sufficient to make people opposed to tax hikes, whether or not told they'll be affected - they won't believe that easily. They also often rationalize how they were unfairly treated and "screwed" by "taxes" pretty much resulting in irrational opposition to taxes - PERIOD.
Fern