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.

Obamacare – What You Need to Know (Part 3)

Carlos Beltran - St. Louis - 2012 Road

Photo by BaseballBacks on Flickr.com; St. Louis Cardinals outfielder, Carlos Beltran, put on a strong showing in yesterday's homerun derby! Go Cardinals!

Part 3: Medicare Tax on Investment Income to Start in 2013


If your income is less than $125,000 a year, then you don’t need to worry about this. But if you are a high income earner, then you should really make sure you check this out.

 

First, there are two things you need to be aware of about taxes on investment income for 2013. One is that the current maximum tax rate on long-term capital gains is scheduled to go up to 20% instead of 15% which it now is (unless Congress decides to act). This is due to the sun setting of the Bush Tax Cuts. It has nothing to do with Obamacare – that’s already in the tax code.

 

The second issue is that higher income folks will also be taxed with an additional 3.8% Medicare contribution tax. (This is what’s in the Obamacare tax package.) This Medicare contribution tax will only apply to higher income earners so those people will also be in the 20% long term capital gain tax as well.

 

What makes the 3.8% Medicare tax kick in? It’s all going to be based upon your adjusted gross income (AGI), kind of like the higher Medicare tax on wages that I wrote about last time. The Medicare tax will kick in if your AGI exceeds:

 

$200,000 if you’re single or filing as head of household
$250,000 if you’re married and filing jointly, or
$125,000 if you use the married filing separate status

 

Before I go on, what exactly do they mean by net investment income? When I was reading the rules, I was thinking about stocks and bonds – that’s what I consider to be investment income. But for this tax, investment income also includes interest, dividends, royalties, annuities, rents, income from passive business activities, income from trading in financial instruments or commodities, and of course, gains from assets held for investment like stocks and other securities. As you can see, this category is much larger than just stocks and bonds. One thing that’s not included here are gains from assets held for business purposes – those won’t be subject to the extra tax.

 

So how does the tax get applied? Now this is where it gets a little funky – 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 your net investment income. Whew – did you feel something fly right over your head? Trust me I had to read that over a few times to figure out what that meant. And trying to word it differently didn’t always give the right meaning – so let me explain with some examples, okay?

 

Let’s say you’re a married couple and your joint income is $275,000. $225,000 in wages and $50,000 in investment income. You’re going to pay the 3.8% Medicare tax on the investment income that is over the $250,000 threshold. Here’s the math:

 

275,000 – 250,000 = 25,000 (Long version: $275,000 income – $250,000 threshold = $25,000 amount of investment income subject to the extra tax)

 

25,000 x .038 = $950 (Long version: $25,000 investment income subject to Medicare tax x 3.8% Medicare tax rate = $950)

 

So even though you had $50,000 of investment income, you only pay $950, or 3.8% of the 25,000 over the $250,000 threshold.

 

Now let’s say you’re single with those same numbers. Because your threshold is lower, you’d wind up paying the 3.8% tax on all of your investment income. Here, let me show you the math again:

 

275,000 – 200,000 = $75,000 (Long version: $275,000 income – $200,000 threshold = $75,000 amount of investment income that could be subject to the extra tax)

 

But $75,000 is more than the $50,000 investment so we only use the $50,000 to compute the tax.

 

50,000 x .038 = $1,900 (Long version: $50,000 investment income subject to Medicare tax x 3.8% Medicare tax rate = $1,900)

 

Got it?

 

Now remember, I’m just computing the new Medicare tax here – I haven’t taken into account the increase in the long term capital gains rate that is also scheduled to go into effect. And I haven’t even discussed the fact that the tax rate for qualified dividends (which are currently taxed at the long term capital gains rate) is scheduled to change to the ordinary income tax rates. Those changes, if they are not addressed by Congress before the year ends, will have an even larger impact on investment income tax than the Medicare tax and will be affecting persons of all income levels.

 

Remember, these tax changes are scheduled for 2013 so they are not in effect for 2012. You just need to be aware of what’s coming so that you can make intelligent decisions about your investments.

Obamacare – What You Need to Know (Part 2)

Part 2: New Medicare Taxes to Start in 2013

Hospital

Photo taken by José Goulão on Flickr.com

In my last post I wrote about the penalty you could pay if you don’t have health insurance.  Those taxes start in 2014.  Today, I’m going to talk about the new Medicare taxes that are supposed to start next year in 2013.

 

First thing to know – if your income falls below $125,000 a year – you don’t even need to read the rest of this, it’s not going to affect you.  (You’re welcome to stay, I like when you stay, and I just don’t want to waste your time.)

 

But the additional Medicare tax is really targeted at higher income earners.  Starting in 2013, an additional .9% hospital insurance (I’m going to call that HI for short) will be imposed on wages in the following categories:

 

over $250,000 for married taxpayers filing a joint return (MFJ),

over $125,000 for married taxpayers filing separately (MFS), and

over $200,000 for singles and head of households (Single and HOH)

* Employers will begin withholding the HI tax on any wages that are in excess of $200,000.  Wages earned by your spouse are not taken into account in the withholding calculations.

 

So let’s say you’re married and your joint income is $300,000.  Your additional HI tax would be computed as follows:

300,000 – 250,000 = $ 50,000 (that’s the excess over the threshold)

50,000 x .009 = $ 450

 

If you are an employee at a company, your boss would be withholding the excess from your wages.

 

If you are an employer and you have employees that earn over the threshold, you do not have to pay the employer match like you do with the regular Medicare tax – this HI (hospital insurance) tax is for employees only.  You’re still paying it with your payroll tax return because you withheld the funds, but you’re not matching the funds with your own money.

 

If you are self employed you have to pay the HI tax on your earnings.

 

What that could mean to you – Let’s say you’re married and you and your wife each earn $190,000 a year.  Your combined income is $380,000 a year so you’d have to pay a HI tax of $1,170 ((380,000 income – 250,000 MFJ threshold from table above) * 0.009).  Because neither of your individual incomes put you over the threshold, you won’t have withheld enough and you’ll have to pay the additional tax.

 

Likewise, let’s say you’re married with a non-working spouse.  You make $250,000 a year.  Your employer has withheld an extra $450 from your pay because you made over $200,000 – but since you’re married, your filing threshold is $250,000 so you should be getting that excess $450 back.  (To get to this $450 withholding, we take ($250,000 income – 200,000 employer holding threshold) * 0.009.)

 

So that’s the new Hospital Insurance tax on higher wages and self employment income.

 

There’s also a new HI tax on investment income.  Once again, that will also be on folks with higher incomes.  I’ll be tackling that in my next post.

 

Note from Editor:  Since I am a numbers guy, I added a chart to demonstrate the amount of HI Tax you could incur.   Because the 0.9% is a flat rate (meaning it never changes), for each increase of $1,000 in income, the HI tax will increase by $9.  Here I am going to show increments of $5,000 which will result in $45 increases.

 

Hospital Insurance Tax for High Income Earners
HI Tax Rate Excess Over Threshold Amount (The amount being taxed) Total (HI) Tax
0.009 x $ 5,000 = $45
0.009 x 10,000 = 90
0.009 x 15,000 = 135
0.009 x 20,000 = 180
0.009 x 25,000 = 225
0.009 x 30,000 = 270
0.009 x 35,000 = 315
0.009 x 40,000 = 360
0.009 x 45,000 = 405
0.009 x 50,000 = 450
0.009 x 55,000 = 495
0.009 x 60,000 = 540
0.009 x 65,000 = 585
0.009 x 70,000 = 630
0.009 x 75,000 = 675
0.009 x 80,000 = 720
0.009 x 85,000 = 765
0.009 x 90,000 = 810
0.009 x 95,000 = 855
0.009 x 100,000 = 900