Arizona-S-Corporation Advantages and Disadvantages
Arizona S Corporation and Asset Protection
Arizona S Corporation Advantages and Disadvantages
Arizona S Corporation Advantages and Disadvantages - S Corporation Definition-A corporation with 75 or fewer shareholders,that has elected and qualified for a special tax status with the Internal Revenue Service (IRS).
The main advantage associated with the S Corporation is that the income passes through to the shareholders, therefore avoiding a perceived double taxation of a C-Corporation.
Should I form a Arizona S Corporation?
The S Corporation:
An "S Corporation" is a corporation that elects to be taxed under Subchapter S of the Internal Revenue Code (enacted in 1958 and periodically amended) and receives IRS approval of its request for Subchapter S status. As a legal entity (an artificial person), the S Corporation is separate and distinct from the corporation's owners (the stockholders).
Advantages and Disadvantages: Arizona S Corporation
Advantages of the S
Corporation:
The independent life of the corporation makes possible its continuation, and the relatively undisturbed continued
operation of the business regardless of incapacity or death of one or more stockholders.
Fractional ownership shares are easily accommodated in the initial offering of stock.
The purchase, sale, and gifting of stock make it possible to have changes in ownership without disturbing the corporation's ability to conduct business.
The requirement that the corporation's finances and records be separate from the finances and records of stockholders
reduces the risk of unrecognized equity liquidations.
With only a few exceptions, under the Subchapter S election for taxation as a partnership the S corporation pays no
income taxes and corporation income or loss is passed through direct to the stockholders.
To the extent the corporate shield is maintained and other investments and savings of the stockholders are not at risk, the personal life of stockholders is simplified.
The annual meetings of stockholders and consultations with legal counsel can provide stimulus for improved communication
within the stockholder group (often a family group) and can provide more comprehensive guidance for management.
Depending on the corporation's business record and the policies and practices of prospective lenders, access to credit
and the ability to secure needed resources may be improved.
Earnings representing "return on investment" (interest, rental payments, etc.) are not subject to self-employment tax as long as stockholder-employees receive adequate compensation for labor and management of the business.
Disadvantages of the S Corporation:
Lenders may require personal guarantees from corporate officers as a condition of supplying credit, thus negating the
limitation of liability.
Conflicts or disagreements among the stockholders may immobilize decision making.
Restrictions on the sale of stock and/or buy-back agreements included in the bylaws may prevent minority stockholders
from being able to recover the value of their investment in the corporation.
Through the processes of gifting and inheritance, stock ownership can become divided among many persons who are not
active in the business and they may become a voting block that does not support needs and decisions believed desirable by
managing stockholders.
Over time, corporation paid benefits for stockholder-employees may become costly and exceed the ability of the business
to pay.
Employment benefits such as life insurance, health insurance, and housing costs are taxable income to stockholder
employees with 2 percent or more stock ownership and to employees who are directly related to persons owning 2 percent
or more of the corporation stock.
If appreciated assets are owned by the corporation and the corporation is dissolved, significant income taxes on the
appreciation amount will be generated.
Arizona’s Business Tax Climate Ranks 19th
Arizona ranks 19th in the State Business Tax Climate Index, which measures the impact on business of five major elements of the tax system: the percentage of income taken by all taxes, the individual income tax rates, the corporate income taxes, the sales tax rate, and the complexity of the tax system. The ranks of neighboring states were as follows: California (38th), Nevada (6th), Utah (26th), Colorado (8th) and New Mexico (40th).
Arizona’s State/Local Tax Burden at National Average
In 1991, Arizona had one of the nation’s highest tax burdens with taxes as a percentage of state income registering at 11.5%. Since then however, the tax burden has significantly fallen due to tax cuts and the fact that individual incomes have risen faster than state/local tax collections. Recently the decline has evened off. Estimated now at 10.0% of income, Arizona’s state/local tax burden percentage equals the national average.
Arizona Individual Income Tax System
Arizona’s personal income tax system consists of five brackets and a top rate of 5.04% kicking in at an income level of $150,000. In 2003 Arizona's individual income tax collections were $377 per person, ranked 39th highest nationally.
Since most small businesses are either S Corporations or partnerships or sole proprietorships, they pay their business taxes at the rates for individuals. This makes the tax environment for small businesses in Arizona competitive compared to other states.
Arizona’s Corporate Income Tax System
Arizona’s corporate tax structure consists of a flat tax of 6.97% on all corporate income. That rate ranks 32nd highest among states levying corporate income taxes. In 2003 corporate tax collections were $69.80 per capita, ranked 23th highest nationally.
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