Tax Planning Strategy for High Income Earners with S-Corporations

Are you a high income individual with an S-Corporation? Photo by Jacob Bøtter at Flickr.com

 

Whenever I’m talking about tax strategies for high income earners with my clients they always ask, “What do you mean by high income?”  If I’m talking to a person face to face and I bring up tax strategies for high income earners, I mean the person I‘m talking to.  I wouldn’t bring it up otherwise.  Since you happen to be reading this on the internet, for this post I generally mean people with incomes over $200,000.

 

Here’s what’s up:  The new Medicare tax on investment income (or Obamacare tax, Net Investment Income tax, Healthcare tax, or whatever you want to call it) also taxes your  S Corporation profits.  Let that sink in for a minute.  S Corporation profits will be counted in the same category as interest and dividends and capital gains for the 3.8% Medicare investment tax.

 

Let me give you an example of how this could affect you:  Let’s say you’re single and you have wages of $150,000 and S-Corp profits of $200,000 for a total of $350,000 in Adjusted Gross Income.

 

To figure the medicare investment tax you’d take $350,000 – 200,000 (the base) = $150,000.  You have $200,000 in investment income, you’re only going to pay the 3.8% on whatever is over the base so your Medicare investment tax is 3.8% time $150,000 which equals $5,700.

 

At $150,000 on wages, you’ve already maxed out the Social Security withholding that you were subject to so additional Social Security tax doesn’t affect this example.

 

Now let’s compare your investment Medicare tax with your wage Medicare tax.   Withholding on your wages is 1.45%, plus the employer contribution on your wages is an additional 1.45%–so as the owner/employee of your S-Corp you’re paying 2.9% Medicare taxes on your wages.  Once you cross the $200,000 wage point, there’s an additional 0.9% Medicare wage tax bringing the Medicare wage tax to 3.8%.  That’s the same rate as you would pay with the Medicare Investment tax.

 

It used to be that one of the benefits of being an S-Corporation was that you didn’t pay the extra 2.9% (now 3.8%) Medicare tax.   You’re losing the savings benefit you used to have.

 

Now this doesn’t affect everybody.  If your S-Corp income is lower, this might not matter to you.  That’s why you have to do some comparisons.

 

So, a really important question for you is going to be–is your S Corporation still the right business structure for you?  For some people, the answer will be yes.  For others, it might be time to convert to a regular C Corporation, a Sole Proprietorship, or Partnership.

 

The Obamacare tax will be reported on Form 8690 and added to your 1040 personal income tax return.

 

How can you tell?  This year, more than any other year, you want to get your taxes done on time.  Run the numbers all the ways that you’re thinking about.  Be sure to figure things based on the changes you’d make if you had a different business structure.  Then you can make an informed decision based on the numbers.

 

Remember, your corporation taxes are due by March 15th.  If you want to revoke your S-Corp election for 2014, you have to do that by March 15th of 2014 otherwise it will be too late.  Of course, you can revoke your S-Corp election and still file an extension for your 2013 taxes.  But the smart thing is to run your numbers before you revoke the election–because you still might be better off keeping your S-Corp.   For many companies, changing your corporate status will give you no benefit–for many others it will.  That’s why it’s so important to make the decision with your eyes wide open and with all the facts in your hand.

Introducing Two New Tax Forms for High Income Individuals

Money

Photo by 401(K) 2012 at Flickr.com

 

Back in July of 2012, I wrote about the new Medicare taxes that higher income earners will be subject to under the Affordable Care Act starting in 2013.

 

Briefly, there is an additional Medicare tax of .9% on wages and self employment income over $200,000. ($250,000 for married filing jointly couples/$125,000 for married filing separately)  For more details and a complete breakdown of the taxes you can read the post at:

http://robergtaxsolutions.com/2012/07/obamacare-what-you-need-to-know-part-2/

 

And there’s also the new Medicare tax of 3.8% on your investment income. The 3.8% tax is going to apply to the lesser of your net investment income or the amount of your AGI in excess of a certain threshold amount.   The thresholds are $200k-singles and Head of Household, $250K-MFJ, and $125K-MFS.  For more information you can check this post out.

http://robergtaxsolutions.com/2012/07/obamacare-what-you-need-to-know-part-3/

 

Now that 2013 is more than halfway through and the income tax filing season will be here before you know it, how are you supposed to report those taxes on your 1040 tax return?  Well, the IRS has introduced not one but two new tax forms for you to fill out.

 

I don’t know why, but introducing new tax forms makes me feel a little like a late night talk show host, so forgive me for saying, let’s bring out our first guest, Form 8959http://www.irs.gov/pub/irs-dft/f8959—dft.pdf Okay, it’s no Johnny Depp.  It’s not even as interesting as the Aflac Duck.  But it is new.  If you click on the link, you’ll have to scroll past all the warning it’s only a draft signs.  (If you’re reading this in 2014, you should be able to find actual forms instead of drafts.)  The Form 8959 is what you’ll be filling out if you have to pay the .9% Medicare tax on wages or self-employment income.

 

If you have investment income, the new form is called the Form 8960 and here’s a link to that:  http://www.irs.gov/pub/irs-dft/f8960—dft.pdf That’s going to be the form you file for the 3.8% Medicare tax on investment income.

 

Now the upside to both of these forms (if there’s an upside to paying more taxes) is that if you’re using computer software (like the 1040.com software you can access from this website) — the software will compute everything for you.  I have 100% confidence that Turbo Tax, H&R Block at home, and all the others will get the 8959 right.  The 8959 form is for the .9% tax on wages.  The form is very straight forward (as far as tax forms go, at least to a tax geek like me.)  You basically take numbers from your W2 or self employment tax form and do a little multiplication.  Bam—you’re done.

 

But I am a little concerned about potential errors in the 8960 forms.  There are 21 official lines to the form and there are 16 places where the form says “see instructions.”  That’s telling me there’s a lot of room for error there.   You’re still going to be better off using a tax software if you have to file the form 8960, but I’d be cautious.  Don’t rush to be the first one to file your return.  During tax season, software programs are updated daily.  This form is likely to have bugs, so let the IT folks work those bugs out before you submit.

 

As a tax professional, I’ll be going over those forms with a fine tooth comb until I’m confident the numbers are all flowing correctly.

 

The taxes that you compute on forms 8959 and 8960 will be reported on line 60 of your 1040 tax return:  http://www.irs.gov/pub/irs-dft/f1040—dft.pdf Line 60 used to just say “other taxes” but now it will specifically 8959 and 8960 with little checkboxes.

 

So technically, Congress can say that your 1040 form won’t be longer.  You’ll just have extra pages to attach to it.