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Our office will be closed for Independence Day on Tuesday, July 4. We apologize for any inconvenience.
Due to the weather, our physical offices will be closed Wednesday, 2/15; however, our we will be serving clients remotely. Please contact us via phone or email. Our physical offices will reopen for regular business hours on Thursday, 2/16. Please stay safe and warm.
Our office will be closed for Independence Day on Tuesday, July 4. We apologize for any inconvenience.
Due to the weather, our physical offices will be closed Wednesday, 2/15; however, our we will be serving clients remotely. Please contact us via phone or email. Our physical offices will reopen for regular business hours on Thursday, 2/16. Please stay safe and warm.
For tax years beginning in 2018 and beyond, the Tax Cuts and Jobs Act (TCJA) created a flat 21% federal income tax rate for C corporations. Under prior law, C corporations were taxed at rates as high as 35%. The TCJA also reduced individual income tax rates, which apply to sole proprietorships and pass-through entities, including partnerships, S corporations, and, typically, limited liability companies (LLCs). The top rate, however, dropped only slightly, from 39.6% to 37%.
On the surface, that may make choosing C corporation structure seem like a no-brainer, but there are many other considerations involved.
Conventional wisdom
Under prior tax law, conventional wisdom was that most small businesses should be set up as sole proprietorships or pass-through entities to avoid the double taxation of C corporations: C corporations pay entity-level income tax and then shareholders pay tax on dividends — and on capital gains when they sell the stock. For pass-through entities, there is no federal income tax at the entity level.
Although C corporations are still potentially subject to double taxation under the TCJA, their new 21% tax rate helps make up for it. This issue is further complicated, however, by another provision of the TCJA that allows noncorporate owners of pass-through entities to take a deduction equal to as much as 20% of qualified business income (QBI), subject to various limits. But, unless Congress extends it, the break is available only for tax years beginning in 2018 through 2025.
No one-size-fits-all answer applies when deciding how to structure a business. The best choice depends on your business’s unique situation and your situation as an owner. Your tax adviser can help you evaluate your options.