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New York S Corporation
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- 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.
New York’s Business Tax Climate Ranks 49th
New York ranks 49th 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. Neighboring states ranked as follows: Pennsylvania (22nd), New Jersey (34th), Connecticut (37th) and Vermont (45th).New York’s State/Local Tax Burden Highest in the Nation
For the past 14 years, New York has consistently had one of the nation’s highest state/local tax burdens. Estimated in 2004 at 12.9% of income, New York’s state/local tax burden percentage stands as the highest nationwide, well above the national average of 10.0%.
New York’s Individual Income Tax Collections Highest Per-Capita in U.S.
New York’s personal income tax system consists of five brackets with top rate of 6.85% kicking in at an income level of $20,000. This top rate ranks the state 17th highest among states levying personal income taxes. New York’s 2002 individual income tax collections were $1,337 per person, ranked highest in the nation.
New York’s Corporate Income Tax System
New York’s corporate tax structure is composed of a flat rate of 7.5% on all corporate income. Among states levying corporate income taxes, New York’s rate ranks 19th highest. Despite this, in 2001, corporate tax collections reached $153 per capita.
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