Best Tax Shelter |
|
Living quarters may be provided on a tax deductible basis for the corporation
and tax free to the shareholder-employee if the corporation requires him to
live on the premises for a good business reason.
This might apply for the shareholder serving as a hotel, motel, farm or ranch
manager. It might also apply to the manager of a nursing home, hospital or
funeral home and other occupations requiring close and more or less continuous
availability in connection with the business.
Use of deductible company car:
The use of a company car can be a valuable fringe benefit. The expenses of the
car, including depreciation, are deductible by the corporation and not taxable
to the shareholder-employee if it is used exclusively on company business.
If a shareholder-executive is given the use of two cars, and it is clear that
one of them is being used by his wife for non-business purposes, he will be
taxed on the value of the use of the car. But his tax liability will be less
than the cost of renting a car and most likely less than it would cost him to
buy, finance and maintain the car on his own.
If the extra car is treated as extra compensation, the attending expenses are
deductible by the corporations as compensation, subject to the overall
limitation of reasonableness. If treated as dividend income to the
shareholder, it would not be deductible by the corporation.
Deductible chauffeur: The cost of a chauffeur may be deductible by the
corporation and taxable to the shareholder-employee if deemed an "ordinary and
necessary expense," sometimes translated as " appropriate and helpful."
Company dining room. Employee cafeterias, and other "eating facilities"
operated by an employer for employees are not subject to the 80% limit on
business meal deductions if the eating facility...
1. Located on the business premises of the employer.
2. And brings in revenue that normally equals or exceeds its direct operating
cost, and
3. Does not discriminate in favor of highly compensated employees.
Leasing assets to your own corporation:
The fact that the corporate form is selected as the basis mean of conducting a
business enterprise does not mean that all the physical components of the
enterprise need be owned by the corporation. Indeed, there may be legal, tax
and personal financial planning reasons for not having the corporation own all
the assets to be used in the business.
Whether the corporation is to be the continuation of a sole proprietorship or
partnership or a whole new enterprise, decisions can be made about which
assets owned by the predecessor or acquired for use in the corporation are to
be owned by the corporation and which assets are to be made available to the
corporation through a leasing or other contractual arrangement.
For the assets that go to the corporation, decisions must be made about how
they are to be held and on what terms they to be made available to the
corporation.
There are several possible choices. The assets may be owned by:
1. An individual shareholder or some member of his family.
2. A partnership, limited or general, in which family members participate, or
3. A trust for the benefit of family members.
A separate corporation is still another possibility, but the risk of being
considered a personal holding company and incurring penalties due to passive
income (including rent and royalties) may make this impractical.
Normally, a leasing arrangement is used for the assets to be made available
for corporate use. Assuming that the rental is fair, it would be deductible by
the corporation and taxable to the lessor. Against the rental income, the
lessor would have possible deductions for interest paid on loans financing the
acquisition of the assets, depreciation, maintenance and repairs, insurance
and administration costs.
These deductions might produce a tax free cash flow for the lessor. When
depreciation and interest deductions begin to run out.
Contact us for more info >
|