1. Welcome Back
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2. Welcome Back
Time for Any Question
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3. CHAPTER # 15
REVIEW
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4. Chapter 15
Entities Overview
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5. Entity Legal Classification and Nontax Characteristics
Corporation, limited liability company (LLC), general partnership (GP), limited partnership (LP), sole proprietorship
Business owners legally form
Corporation – file articles of incorporation
LLC – file articles of organization
GP – written agreement called partnership agreement
LP – written agreement and file a certificate of limited partnership
Sole proprietors are not required to formally organize their business with the state
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6. Entity Legal Classification and Nontax Characteristics
Responsibility for Liabilities
Corporations and LLCs are solely responsible
Partnerships – GPs are ultimately responsible and LPs are not responsible
Sole proprietorships – Individual owners are responsible (unless single member LLC)
Rights, Responsibilities, and Legal Arrangement among Owners
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7. Entity Legal Classification and Nontax Characteristics
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8. Entity Tax Classification
Business entities classification for tax purposes
Check the box regulations
Taxpaying entities
Flow-through entities
Corporations are C corporations unless shareholders make a valid S election
Unincorporated entities
taxed as partnerships if they have more than one owner
taxed as sole proprietorships if owned by an individual or as disregarded entities if held by some other entity
may elect to be taxed as C corporations
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9. Entity Tax Classification
Check the box regulations summary
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10. Entity Tax Characteristics
Double Taxation
Income generated by flow-through entities is taxed only once while income of C corporations is taxed twice
Flow-through entity owners pay tax on their share of income as if they had earned it themselves
Corporations pay first level of tax on their taxable income at the corporate marginal tax rate
Current marginal tax rate
Lowest – 15 percent and highest – 39 % - Individual.
Most profitable corporations – 35 %
Shareholders are subject to double taxation when second level of tax is paid
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11. Entity Tax Characteristics
After-Tax Earnings Distributed
1) Individual Shareholders
Pay second tax at 0, 15, or 20 percent depending on taxpayers income level
May also pay 3.8 net investment income tax, depending on income level
Individual shareholders’ overall tax rates will be higher with a corporation when the corporation’s marginal tax rate is expected to be greater than or equal to the shareholders’ marginal tax rates
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12. Double Tax Example
Assume that Nicole did some income projections to help her determine the taxable form of her business. She makes the following assumptions:
CCS earns taxable income of $350,000.
CCS will pay out all of its after-tax earnings annually as a dividend.
Her ordinary marginal tax rate is 33 % and her dividend tax rate is 18.8 % (including 3.8% net investment income tax).
Given these assumptions, if Nicole organizes CCS as a corporation, what would be the overall tax rate on CCS’s income (corporate-level tax + shareholder-level tax)/taxable income)?
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13. Entity Tax Characteristics
After-Tax Earnings Distributed
2) Corporate Shareholders
Dividends are subject to corporate ordinary rates
Corporations receiving dividends are potentially subject to third level of tax
Dividend received deduction (DRD) can be claimed for dividends
DRD percentage is 70, 80, or 100% depending on the extent of recipient corporation’s ownership in the dividend-paying corporation
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14. Entity Tax Characteristics
After-Tax Earnings Distributed
3) Institutional Shareholders
Do not pay shareholder-level tax on dividends
4) Tax- Exempt and Foreign Shareholders
Organizations like churches and universities are exempt from tax on investment income including dividend income
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15. Entity Tax Characteristics
Mitigating the Double Tax
Strategies for reducing the corporate-level tax
Paying salaries to shareholders
Paying fringe benefits to shareholders
Leasing property to shareholders
Pay interest on loans to shareholders
Strategies for reducing the shareholder-level tax
Retain earnings
Hold stock before selling
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16. Entity Tax Characteristics
Deductibility of Entity Losses
C corporations with NOL for the year can carry back the loss to offset taxable income reported in the two preceding years and carry it forward for up to 20 years
Losses from C corporations are not available to offset their shareholders’ personal income
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17. Entity Tax Characteristics
Deductibility of Entity Losses
Losses generated by flow-through entities are generally available to offset the owners’ personal income, subject to certain restrictions
Ability to deduct flow-through losses against other sources of income can be a significant issue for owners of new businesses as they tend to report losses early on as they get established
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18. Entity Loss Example 1
Assume that Nicole will organize CCS as a C corporation and that in spite of her best efforts as CEO of the company, CCS reports a tax loss of $50,000 in its first year of operation (year 1). Also, recall Nicole’s marginal tax rate is 33 % and assume she will have ordinary taxable income of $200,000 from her husband’s salary in year 1. How much tax will CCS pay in year 1 and how much tax will Nicole (and her husband) pay on the $200,000 of other taxable income if CCS is organized as a C corporation?
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19. Entity Loss Example 1 Solution
Answer: CCS will pay $0 in taxes because it reports a loss for tax purposes. Because Nicole may not use the CCS loss to offset her other income, she must pay $66,000 in taxes ($200,000 × 33%).
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20. Entity Loss Example 2
Suppose CCS is organized as an S corporation and Nicole’s basis in CCS before the year 1 loss is $50,000. How much tax will CCS pay in year 1, and how much tax will Nicole (and her husband) pay on the $200,000 of other income?
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21. Entity Loss Example 2 Solution
Answer: CCS pays $0 taxes (S corporations are not taxpaying entities) and Nicole pays $49,500 in taxes.
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22. Entity Loss Examples 1 and 2 Summary
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23. Entity Loss Example 3
Suppose CCS is organized as an S corporation and Nicole’s basis before the $50,000 year 1 loss is $100,000. Further, assume that Nicole does not participate in CCS’s business activities; that is, assume she is a passive investor in the business entity. How much tax will Nicole (and her husband) pay on the $200,000 of other income?
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24. Entity Loss Example 3 Solution
Answer: $66,000. Because Nicole is a passive investor, she is not allowed to deduct the loss allocated to her this year. She must carry it over and use it in future years (this assumes neither Nicole nor her husband have income from other investments in which they are passive investors).
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25. Entity Tax Characteristics
Converting to Other Entity Types
C corporations
Make election to S corporation
May not qualify to make S election
May liquidate and form as entity taxed as a partnership but tax cost of liquidation prohibitive
Entities taxed as partnerships or sole proprietorships
Generally tax free to form as a corporation
Very common in advance of IPO
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26. Chapter 16
Corporate Operations
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27. Learning Objectives
Describe the corporate income tax formula, compare and contrast the corporate to the individual tax formula, and discuss tax considerations relating to corporations’ accounting periods and accounting methods.
Identify common book-tax differences, distinguish between permanent and temporary differences, and compute a corporation’s taxable income and regular tax liability.
Describe a corporation’s tax return reporting and estimated tax payment obligations.
Calculate a corporation’s alternative minimum tax liability.
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28. Corporate Taxable Income Formula
Gross Income –
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29. Corporate Taxable Income Formula
Gross Income – Deductions =
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30. Corporate Taxable Income Formula
Gross Income – Deductions = Taxable Income X
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31. Corporate Taxable Income Formula
Gross Income – Deductions = Taxable Income X Tax Rates =
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32. Corporate Taxable Income Formula
Gross Income – Deductions = Taxable Income X Tax Rates = Regular Income Tax Liabilities +
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33. Corporate Taxable Income Formula
Gross Income – Deductions = Taxable Income X Tax Rates = Regular Income Tax Liabilities + Other Taxes =
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34. Corporate Taxable Income Formula
Gross Income – Deductions = Taxable Income X Tax Rates = Regular Income Tax Liabilities + Other Taxes = Total Taxes –
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35. Corporate Taxable Income Formula
Gross Income – Deductions = Taxable Income X Tax Rates = Regular Income Tax Liabilities + Other Taxes = Total Taxes – Credits –
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36. Corporate Taxable Income Formula
Gross Income – Deductions = Taxable Income X Tax Rates = Regular Income Tax Liabilities + Other Taxes = Total Taxes – Credits – Prepayments =
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37. Corporate Taxable Income Formula
Gross Income – Deductions = Taxable Income X Tax Rates = Regular Income Tax Liabilities + Other Taxes = Total Taxes – Credits – Prepayments = Tax Due/Refund
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38. Corporate Taxable Income Formula
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39. Book-Tax Adjustments
Financial income typically is the starting point for computing taxable income
Reconcile to taxable income
Book-tax adjustments for differences between financial accounting rules
Companies preparing financial statements with tax accounting methods won’t have book-tax differences
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40. Book-Tax Adjustments Unfavorable Adjustments:
Add back to book income to compute taxable income
Favorable Adjustments:
Subtract from book income to compute taxable income
Permanent differences
Temporary differences
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41. Common Permanent Book-Tax Differences
Interest income from municipal bonds (Fav)
Death benefit from life insurance on key employees (Fav)
Life insurance premiums (UnFav)
Half of meals and entertainment expense (UnFav)
Fines and penalties and political contributions (UnFav)
Excess compensation to executives (UnFav)
Federal income taxes (UnFav)
Dividends received deduction (Fav)
Domestic manufacturing deduction (Fav)
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42. Common Temporary Book-Tax Differences
Dividends
Depreciation
Gain/loss on sale of depreciable asset
Bad debt expense
§263A uniform inventory capitalization costs
Organizational or start-up costs
Unearned rent revenue
Deferred compensation
Stock options
Net capital loss
Carry back three years and forward five years
Net operating loss carryover
Goodwill acquired in an asset acquisition
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43. Book-Tax Differences from Dividends
Included in gross income for tax purposes
Under the general rule, income included in financial income depends on ownership
If ownership < 20%, no book tax difference
If ownership is at least 20% but not more than 50%, the receiving corporation does not include the dividend in book income but includes a pro-rata share of the distributing corporation’s income in its income
If ownership > 50%, consolidated financial reporting
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44. Dividends Book-Tax Difference Example
Assume that PCC owned 30 % of the stock of BCS corporation. During 2016, BCS distributed a $40,000 dividend to PCC. BCS reported $100,000 of net income for Based on this information, what is PCC’s 2016 book-tax difference relating to the dividend and its investment in BCS (ignore the dividends received deduction)? Is the difference favorable or unfavorable?
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45. Dividends Book-Tax Difference Example Solution
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46. Stock Option-Related Book-Tax Differences
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47. Stock Option Example 1
On January 1, 2016, PCC granted 20,000 nonqualified options with an estimated $5 value per option ($100,000 total value). Each option entitled the owner to purchase one share of PCC stock for $15 a share (the per share price of PCC stock on January 1, 2016, when the options were granted). The options vested at the end of the day on December 31, 2016 (employees could not exercise options in 2016). What is PCC’s book-tax difference associated with the nonqualified options in 2016? Is the difference favorable or unfavorable? Is it permanent or temporary?
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48. Stock Option Example 1 Solution
Answer: $100,000 unfavorable, temporary book-tax difference. PCC amortizes the compensation expense ratably over the vesting period (2016). PCC expenses $100,000 for book purposes in 2016 and reports a $0 compensation deduction for tax purposes (the options were not exercised).
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49. Stock Option Example 2
Assume the same facts in Example 1 and that on March 1, 2017, employees exercised all 20,000 options at a time when the PCC stock was trading at $20 per share. What is PCC’s book-tax difference associated with the stock options in 2017? Is it a permanent difference or a temporary difference? Is it favorable or unfavorable?
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50. Stock Option Example 2 Solution
Answer: $100,000 favorable, temporary book-tax difference in The favorable book-tax difference is a complete reversal of the unfavorable book-tax difference in The 2016 and 2017 book-tax differences completely offset each other because the estimated value of $5 per option is equal to the bargain element ($20 FMV minus $15 exercise price per share).
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51. Stock Option Example 3
Assume that on March 1, 2017, employees exercised all 20,000 options at a time when the PCC stock was trading at $24 per share. What is PCC’s book-tax difference associated with the stock options in 2017? Is it a permanent difference or a temporary difference? Is it favorable or unfavorable?
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52. Stock Option Example 3 Solution
Answer: $180,000 favorable book-tax difference in The $180,000 difference consists of a $100,000 favorable, temporary difference (the reversal of the prior year unfavorable, temporary difference) and an $80,000 permanent, favorable difference. The permanent difference is the bargain element on the 20,000 options in excess of the estimated value of the options for book purposes [($24 − $20) × 20,000 options].
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53. Break for Minutes
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54. Net Capital Losses
No current deduction for net capital losses (capital losses in excess of capital gains)
Carry back net capital losses three years and carry forward five years.
Use carryover amounts on FIFO basis
Unfavorable, temporary book-tax difference in year of net capital loss
Favorable, temporary book-tax difference in year carryback or carryover is utilized
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55. Net Operating Loss Deduction
No current benefit from current year loss (NOL)
Carry NOL back two years and forward 20 to offset taxable income in those years
May elect to forgo carry back
Why would a corporation do this?
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56. Net Operating Loss Deduction
To compute NOL for year no deduction for
NOL carrybacks or carryovers from other years
Capital loss carrybacks (carryovers are allowed)
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57. NOL Example
XYZ Inc. has a net operating loss of $20,000 for the 2016 tax year. XYZ reported the following taxable income from 2013 through 2015:
2013: $10,000
2014: $17,000
2015: $8,000
What options does XYZ have with respect to the current year NOL?
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58. NOL Example Solution
Could carry back $17,000 to 2014, then $3,000 to 2015.
Immediate refund (file Form 1139)
Or, could forgo carryback and carry loss forward 20 years
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59. Charitable Contributions
Amount of deduction
Capital gain property
Generally fair market value
Ordinary income property
Generally adjusted basis
Accrual method corporation
Deduct when accrue if
Approved by board of directors before year end
Paid within 3 ½ months after end of year (beginning in 2016)
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60. Charitable Contributions
Deduction limited to 10% of taxable income before deducting
Any charitable contribution deduction
The dividends received deduction (DRD)
NOL carrybacks
Domestic production activities deduction (DPAD)
Capital loss carrybacks
Carry forward excess contributions for five years
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61. Charitable Contribution Example
In 2016, PCC donated a total of $700,000 of cash to the American Red Cross. PCC’s taxable income before the charitable contribution deduction, NOL carryover ($24,000), DRD ($21,000), and DPAD ($465,000) was $6,287,000. What is PCC’s charitable contribution deduction for the year? What is its charitable contribution carryover to next year, if any?
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62. Charitable Contribution Example Solution
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63. Dividends Received Deduction
Deduction to mitigate more than two levels of tax
Own less than 20%: 70% DRD
Own at least 20% but less than 80%: 80% DRD
Own 80% or more: 100% DRD
Limitation: Deduction is limited to the lesser of
(1) Dividend × DRD % or
(2) DRD modified taxable income × DRD %
Modified taxable income = taxable income before DRD, any NOL, DPAD, and capital loss carrybacks
If full DRD extends or creates NOL, this limit does not apply
Creates favorable, permanent book-tax difference
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64. Dividends Received Deduction Example
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65. Regular Tax Liability Marginal tax rates range from 15% to 39%.
Larger corporations generally pay flat 34% or 35% rate
Controlled groups
Group of corporations treated as one for determining certain tax benefits
Parent-Subsidiary
Brother-Sister
Combined
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66. Compliance Corporations report taxable income on Form 1120.
Small corporations complete Schedule M-1
Large corporations complete Schedule M-3
Book-tax differences referred to as M adjustments
Corporate returns are due 3½ months after the close of the tax year (June 30 year-end exception).
Automatic six month extension for filing (10/15 for calendar year)
Consolidated tax returns
Affiliated groups essentially treated as one corporation
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67. Form 1120 Schedule M-1
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68. Estimated Payments
Corporations with a federal income tax liability of $500 or more are required to pay their estimated income tax in four monthly installments.
Installments due on the 15th day of:
4th month (25% of required annual payment)
6th month (50% of required annual payment)
9th month (75% of required annual payment)
12th month (100% of required annual payment)
Corporations may owe a penalty for underpayment
Payments based on required annual payment
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69. Estimated Payments Required annual payment
100% of tax liability on prior year return
Doesn’t apply if no liability in prior year
100% of current year tax liability
100% of estimated current year tax liability using annualized method
Rules for large corporations
$1,000,000 of taxable income in prior three years
May use prior year liability for first quarter payment only
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70. Estimated Payments
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71. Estimated Payments
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72. Alternative Minimum Tax
Tax paid in addition to regular tax liability
Does not apply to small corporations
Average annual gross receipts < $7.5 million for three years prior to current taxable year
Once fail small corporation test, subject to AMT for all subsequent years
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73. Alternative Minimum Tax Formula
Taxable income (before NOL DED) +
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74. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +-
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75. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments =
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76. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +-
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77. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment –
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78. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction =
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79. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction = AMTI -
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80. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction = AMTI - Exemption =
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81. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction = AMTI - Exemption = AMT Base X
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82. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction = AMTI - Exemption = AMT Base X 20% =
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83. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction = AMTI - Exemption = AMT Base X 20% = Gross AMT –
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84. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction = AMTI - Exemption = AMT Base X 20% = Gross AMT – AMT Foreign Tax Credit =
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85. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction = AMTI - Exemption = AMT Base X 20% = Gross AMT – AMT Foreign Tax Credit = TMT –
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86. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction = AMTI - Exemption = AMT Base X 20% = Gross AMT – AMT Foreign Tax Credit = TMT – Regular Tax =
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87. Alternative Minimum Tax Formula
Taxable income (before NOL DED) + Preference Items +- Adjustments = Preadjustement AMT Income +- ACE Adjustment – NOL Deduction = AMTI - Exemption = AMT Base X 20% = Gross AMT – AMT Foreign Tax Credit = TMT – Regular Tax = AMT
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88. Alternative Minimum Tax
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89. Alternative Minimum Tax
Preference items
Added to taxable income to determine AMTI
Tax exempt interest income from private activity bond (issued in years other than 2009 or 2010)
Percentage depletion in excess of cost basis
Others
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90. Alternative Minimum Tax
Adjustments
Depreciation
Gain or loss on disposition of depreciable assets
Adjusted current earnings adjustment (ACE)
75% of difference between AMTI and adjusted current earnings (or 75% of net amount of modifications)
Adjusted current earnings determined by making modifications to AMTI
Adjustment can be positive or negative in a given year
Negative adjustment limited to cumulative positive prior adjustments
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91. Alternative Minimum Tax
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92. Adjusted Current Earnings Example
Assume PCC did not receive any dividends and that it received $12,000 in interest from a San Diego bond that is not a private activity bond and the bond was not issued in 2009 or Further, assume that PCC reported $5,000 of organizational expenses this year and it reported $20,000 of gain this year from an installment sale it executed two years ago. Assuming PCC’s cumulative ACE adjustment as of the beginning of the year is $100,000, what is its current year ACE adjustment under these circumstances?
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93. Adjusted Current Earnings Example Solution
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94. AMT Exemption Full exemption is $40,000
Phased out by 25% of AMTI in excess of $150,000
Fully phased out when AMTI reaches $310,000
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95. Alternative Minimum Tax
AMTI × 20% = Tentative minimum tax
AMT = Tentative minimum tax minus regular tax liability
Minimum tax credit
Amount of AMT creates credit
Carry forward indefinitely
When regular tax > Tentative minimum tax, credit can offset regular tax down to tentative minimum tax amount
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96. Minimum Tax Credit Example
Assume that in year 1, PCC has a TMT of $1,152,690 and a regular tax liability of $1,000,000. PCC would owe $152,690 of AMT and $1,000,000 of regular tax. It would also generate a $152,690 minimum tax credit. Further, assume that in year 2 PCC reports a tentative minimum tax of $900,000 and a regular tax liability of $1,000,000. What is PCC’s tax liability after applying the minimum tax credit?
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97. Minimum Tax Credit Example Solution
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98. Happiness is having all homework up to date
Homework assignment
Using Connect – 6 Questions for 60 Points for Chapter 16.
Complete the “Connect Orientation” at Connect web site for 5 points, before 03/26/2017.
Prepare chapter 17 “Accounting for Income Taxes.”
Happiness is having all homework up to date
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99. Thank you and See You Next Week at the Same Time, Take Care
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