What Is Double Taxation and How to Avoid It? (2024)

× Nancy Mann Jackson is an award-winning journalist and content marketing writer who specializes in writing about finance, real estate, healthcare, small business andhuman resources. Her work appears inpublications including CNBC.com, Fortune.com, Entrepreneur, Working Mother, CNNMoney.com, and DailyWorth,and she writes for brands including HSBC Bank, Capital One, Glassdoor, Oracle, ADP, Cintas, Staples,American Express, Acorns, Hospital Corporation of America and a number of others.

The most important decision you make when you start your business — outside of setting the product or service you’ll be selling — might be the corporate business structure you choose. You could form a sole proprietorship, an LLC, an S corporation, or a C corporation. But if you form as a C corp, you’ll have to watch out for double taxation.

So what is double taxation, and how could it affect your business and your bottom line?

What Is Double Taxation?

Double taxation is precisely what it sounds like — being taxed twice on the same source of income. Unlike LLCs, sole proprietors, and S corps, which don’t pay business taxes directly, C corps must pay business taxes. Let’s break it down:

  1. C Corp Taxes: C cop files its income taxes, subtracting expenses and losses. Then, it pays taxes on the remaining profits. The current corporate tax rate is set at 21% by the IRS.
  2. Shareholder Taxes: If a shareholder or owner takes a salary or wages from a C corps’ corporate earnings, they must also pay personal income taxes on those earnings.

So, if you own a C corp, your earnings will be taxed twice—first on the corporate earnings, then on the dividends or wages you earn from the business.

Example

Let’s imagine that your C corp company will make $100,000 in profit this year. The corporate tax rate for 2024 is 21%, according to the Tax Foundation, so your business will have to pay $21,000 in corporate taxes to the IRS. You and your shareholders will receive dividends from the rest of the $79,000, but you’ll each have to pay personal income taxes on those dividends. And because you’re the owner, you’ll pay personal income taxes on the salary you draw.

How to Avoid Double Taxation

C corps can’t escape this tax maze entirely, but they can adjust their strategies:

  • Retaining corporate earnings. You can avoid double taxation by keeping profits in the business rather than distributing it to shareholders as dividends. If shareholders don’t receive dividends, they’re not taxed on them, so the profits are only taxed at the corporate rate. If you and your shareholders rely on company profit for income, retaining corporate earnings probably isn’t a good idea. But if you can afford to reinvest the cash, you could grow your business.
  • Pay salaries instead of dividends. You can distribute profit as salaries or bonuses instead of as dividends. Employees will have to pay personal taxes on any salaries or bonuses they earn, but they’ll be deductible expenses for your business.
  • Split income. Income splitting is a strategy in which a business owner withdraws from the corporate profit what they need to support their lifestyle but leaves the rest of the profits in the corporation. Because progressive tax brackets affect C corps and individuals, income splitting can minimize double taxation. By taking a tax-deductible salary and leaving the rest of the profit for reinvestment, you reduce your personal gross income and the business’s taxable income.

Double taxation can seem like a penalty for C corp owners, but by incorporating these strategies, business owners can take advantage of the C corp structure while minimizing the effects of double taxation.

Despite the possibility of double taxation, some may still choose C corporation for the following advantages:

  • Limited liability and separate legal identity: C corps provides limited liability for their owners. Shareholders are not personally liable for the corporation’s debts. The corporation has a separate legal identity, meaning it exists independently from its owners. This separation shields shareholders from personal financial risks.
  • Tax advantages for smaller business owners: Unlike sole proprietors or partnerships, C corps don’t pay self-employment taxes on profits. C corps have more flexibility with deductions, salaries, and dividend distributions.
  • Attractive for investors: Investors often prefer C corps due to their well-established legal precedents and widespread acceptance by venture capitalists.

The Bottom Line

While double taxation is a big consideration, the C corp structure offers benefits– especially for companies aiming for aggressive growth. One could argue that regardless of double taxation, C corps provides many advantages for large and small business owners.

Tags: Small Business Resources, Taxes

What Is Double Taxation and How to Avoid It? (2024)

FAQs

What Is Double Taxation and How to Avoid It? ›

You can avoid double taxation by keeping profits in the business rather than distributing it to shareholders as dividends. If shareholders don't receive dividends, they're not taxed on them, so the profits are only taxed at the corporate rate.

How do you avoid double taxation? ›

Elect S corporation tax status: Once a corporation has been created, the owners can ask the IRS to treat it as an S corporation for tax purposes. S corporations have the same liability-limiting attractions as C corporations, but their profits flow directly to shareholders, avoiding double taxation.

How can a US citizen avoid double taxation? ›

Of all the options for avoiding US double taxation, the most reliable is the Foreign Tax Credit. In fact, this credit was instituted for the sole purpose of warding off double taxation for Americans living abroad.

How to avoid double state taxation? ›

If you permanently moved to another state, you'll need to file two state returns: one for each state you lived in during the tax year (assuming both states charge income tax). You may be able to claim part-year residence, which will allow you to divide your income between the two states instead of paying taxes twice.

What are the ways to eliminate double taxation? ›

Measures to Avoid Double Corporate Taxation
  • Legislation. Legislation must be enacted to remove elements of double taxation, which is inefficient and discourages investment. ...
  • Pass-through taxation. ...
  • Absence of dividend payments. ...
  • Personal income tax status.

Do US citizens have to pay double tax? ›

The US is one of the few countries that taxes its citizens on their worldwide income, regardless of where they live or earn their income. This means that American expats are potentially subject to double taxation – once by the country where they earn their income, and again by the United States. NOTE!

What is an example of a double tax? ›

Examples of Double Taxation

The United States' tax code places a double-tax on corporate income with one tax at the corporate level through the corporate income tax and a second tax at the individual level through the individual income tax on dividends and capital gains.

How do I know if my income is double taxed? ›

Key Takeaways. Double taxation refers to income tax being paid twice on the same source of income. This can occur when income is taxed at both the corporate level and the personal level, as in the case of stock dividends. Double taxation also refers to the same income being taxed by two different countries.

Why am I getting taxed from 2 states? ›

You may have to file more than one state income tax return if you have income from, or business interests in, other states. Here are some examples: You are an S corporation shareholder and the corporation does most of its business in a state other than the state where you live.

Why is double taxation unfair? ›

Opponents of double taxation on corporate earnings contend that the practice is both unfair and inefficient, since it treats corporate income differently than other forms of income and encourages companies to finance themselves with debt, which is tax deductible, and to retain profits rather than pass them on to ...

Why is social security taxed twice? ›

The rationalization for taxing Social Security benefits was based on how the program was funded. Employees paid in half of the payroll tax from after-tax dollars and employers paid in the other half (but could deduct that as a business expense).

Can you be taxed twice on the same money? ›

Double taxation refers to the act of paying income taxes twice on the same income. It can occur in three scenarios, explained below: Income from corporations taxed for the corporation and its members. International investment or international trade.

How would double taxation be eliminated? ›

In general, there are two ways to avoid double taxation: (1) exempting foreign income from domestic taxation; and (2) granting a credit for foreign taxes. 1.

How do LLCs avoid paying taxes twice? ›

LLCs are considered “pass-through entities,” which means the LLC itself does not pay federal income taxes on business income. Instead, income “passes through” to individual members of the LLC, who pay federal income tax earned from the LLC via their own individual tax returns.

What are agreements to avoid double taxation? ›

DTTs are international agreements that aim to alleviate double taxation arising from cross-border business activities.

What is the typical approach to avoiding double taxation? ›

The typical approach to avoiding double taxation is for a nation not to tax foreign-source income of its national residents. An alternative method, and the one the U.S. follows, is to grant to the parent firm foreign tax credits against U.S. taxes for taxes paid to foreign tax authorities on foreign-source income.

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