3. Taxes

3. Taxes

No contractor will particularly like the amount of requested work to calculate taxes (to say nothing of the actual amounts paid), but calculating and paying taxes is a legal obligation and also the contractors undertake a responsibility in exchange for the substantial support that the company gives us.

The beginning of entrepreneurs are sometimes overly frightened about the tax assujetissements involved in starting a business. We want to demystify, so you have a good understanding of what you’ll be asked to pay roughly how it will eventually be, and how to organize your affairs such as the calculation and payment of taxes will be as painless as possible.

There are many varieties of taxes in the United States and around the world. This guide covers a paragraph taxes that your US business entity will likely pay. Entrepreneurs or companies owners can realize the income because of the work for the company receiving dividends, capital gains; make sure you also to handle your personal obligations.

As we saw in the chapter on accounting, the entire profession of accounting exists in large part to help you correctly to figure what taxes you owe. This short guide is not a substitute for professional advice from your accountant. Get an accountant for their advice will save you almost certainly money and effort.

What is tax planning?

Slightly surprising to entrepreneurs, there are often multiple ways of applying the tax law with economic facts of your business. This can result in a different amount of taxes, depending on how we apply the law. Accounting Help companies develop a tax position is consistent with the law and is effective in the amount of tax charged.

Tax planning often begins well before the tax is due or even transactions being entered. For example, since we want to allocate to equity employees in business (to attract desirable employees and reward appropriately the company’s expected success) you get consecutive decisions about business structure the incorporation, perhaps even before using his first employee. Achieving some of the value of those equity, and tax consequences for these future employees, might occur in 5 to 10 years down the road!

Tax planning is legal and expected business. As Judge Learned Hand wrote in 1934, summarizing the previous centuries:

Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase his taxes. Time and again the courts have indicated that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor, and like all recover, because nobody has any public duty to pay more than the law demands.

Enforce agencies often, however, have a poor opinion of abusive tax structuring, where the only reason for a certain action business is to avoid taxes, and can apply substantial sanctions when it occurs. Taxes can be a very complicated subject, which is one more reason to have your subsequent changes to accounting review and / or lawyer in your tax strategy. They can provide you advice on whether you are doing something that is mainstream in your country / industry or something that has a higher risk of causing your feedback to be considered inadequate by tax agencies that you are prone to.

Delaware monopoly right

Delaware, like many states, load all companies incorporated in Delaware a “monopoly right. “You can think of the monopoly right as an annual fee to replace the recording of a company in some states, the fee is called indeed a fee.

Almost all taxes are assessed on income or profit. Monopoly right is different. There are two ways to calculate it; each of the two normally start at a relatively small number and measure the complexity of the company.

You or your accountant can calculate your monopoly right in under two minutes. The rules and formulas on the state of Website Delaware.

Companies incorporating with the scratch will usually minimum tax under the assumed parity method, which is currently $ 350 per year.

Monopoly right is due with your annual report ranking, you need to do before March 1 of each year. Tax returns on US companies are generally due on 15 March (assuming your fiscal year is the calendar year); it is generally easier to rank your monopoly right to make your preparation tax return for the tax return on companies that (since you are well organized) will be done and ready to go a day or another in February.

Entrepreneurs can file their own annual report and statutory monopoly relatively easily by the Delaware website, in most cases without requiring professional advice. Your accountant can also do for you; expect to pay a nominal amount (perhaps $ 100) this.

Sales Tax

Right here. Be. Dragons.

In the US, businesses may be required to collect the sales tax by their local jurisdiction (city, county, etc.) and their state. This occurs in each jurisdiction where the company) makes a transaction take place and b) has a “connection” of economic activity.

Generally Internet companies have only a connection in the locations where they have the physical property or employees performing the work on their behalf. You cannot have a connection simply by incorporation in a state by having customers in one state, or having your website be available in a state. (It is, regrettably, difficult say with certainty because some states have become more aggressive in demanding that Internet activity is a connection.)

Therefore, many Internet companies, especially smaller ones, only charge sales tax on a relatively small percentage of their transactions.

You will typically require to charge customers the tax, on every transaction display how much tax you collect and remit the tax to the government agency on a monthly or quarterly basis.

Many communities in the United States also have a “use tax,” which corresponds to sales tax. A user tax is paid by the client in a transaction, not by customers-seller are supposed to indicate the local tax agency “that employs some property that I bought outside of that jurisdiction; Here paying taxes. “Some believe that compliance with user taxes is very, very, very low. Nevertheless, you can have a filing requirement if your business has a physical presence in the US state-check with your state and / or city / Local County.

There has been talk in recent years to establish a so-called “Internet sales tax” to make the treatment of Internet business more predictable, since the current system of taxes is very complicated and many largest retailers (which, because of their operations, have connections in many jurisdictions in the United States) to feel like they pay sales taxes for a disproportionately high while smaller companies (that do cover very few transactions by their connection, or potentially no connection at all) pay little to none. This law has not been passed. You will not likely worry about it until you have $ 1 million in revenue in any way.

The complexity of a sales tax filing considerably depends on the details of your business, including what you sell, how you record the transaction Placement / buyers, how easy it determine where connections or connections of your business are, and the like. In general, most Internet companies get their sales tax returns introduced by the same accountant who handles their tax return on companies. It usually cost a few hundred dollars in professional services fees, but this depends on the complexity of the cases.

Corporation tax

Company’s profits are taxed at the federal and state level. The main form for the federal return is the form 1120.

Some classifications of tax returns or Government are simple enough to do. This is not one of them. While it sounds simple (only five pages first!), You should absolutely, positively have a specialist in tax return or a professional accountant involved in the preparation of any tax return on companies. It is relatively easy to make consecutive errors, and sorting them is a distraction from running your business. In addition, there are a variety of ways to characterize things that are not errors but that in itself will result in you paying excessive amounts to equally valid ways for tax characterizing the same economic facts.

The income tax is only levied on the returned Rather than the returned. Income is, in general, income without spending. Most things you purchase on behalf of the company, including the salaries of the team and foundation employees can be deducted immediately as expenses.

A relatively small number of things cannot expensed but must be benefited; their frank cost (usually high) gets distributed to business during the life of the thing. This is also referred to as the “depreciation” or “depreciation. “The Internet companies do not typically have high capital expenditures early in their lives, especially because the historical sources of capital expenditure (servers, network equipment, custom software development, etc.) are becoming plus the need to rented cloud providers fairly small amounts of money (and expandable).

Your accountant can give you the wisdom advice on whether any particular expense should be amortized.

If you have a physical presence in a state of the United States, your company may need for state income taxes and more taxes on federal income. Your accountant can advise you on whether your company has a filing requirement in the states where it exists physically or doing business, and can help you prepare for these rankings. Some states have become more aggressive in demanding that Internet activity can, in certain circumstances, cause classification condition.

Numbers taxpayer identity

All tax returns are associated with taxpayer identification numbers. There are several varieties of this. The ones you see most often are:

Social Security numbers (SSNs): Citizens and people of the United States authorized to work in the United States published a number by the administration of social security. It is widely used by government agencies and private entities as well to identify them. SSN is considered very sensitive (Because the experience is often used to authenticate whether someone is a particular person).

The general shape of an SSN 123-56-6789.

Companies do not have SSNs. You may have an SSN if you are not a citizen of the United States or have not been used in the United States before. You will provide a place the following when asked:

Different taxpayer identification numbers (ITINs): No human physical person (a living, breathing) to classify taxes but cannot get a SSN (SSN because typically requires the legal right to work in the US) may ask the IRS for an ITIN, which NHS works as a substitute. They are not very difficult to get a file you just form and do not expect approximately six weeks.

Most owners of scratch companies not themselves need an ITIN; your society rank of US taxes, but you might not have yourself Tax File obligations of the United States. If your accountant tells you otherwise, file a W-7 and get published. You can also get a contemporary published any tax filing; submit the tax filing on paper with ITIN listed as “pending” and include a W-7 form. This generally has a delay in processing your tax file, and should be avoided when you can, but it is always better to file on time and to delay treatment than to rank or categorize late.

An ITIN is like a SSN, but the first digit is always 9.

Identification of business numbers (Eins): Eins identify Individuals Business people (I.e. d. Companies) (real people). You receive an EIN after filing aSS-4 with IRS;

You will be asked for your EIN used by financial institutions in the US, and occasionally by other companies. This is probably not a good idea to edit it, but they are not as sensitive as SSNs are treated. (The revelation of your SSN to an unauthorized person is an immediate emergency, the revelation EIN your company happens rather habit.)

An EIN 12-3456789 like. Note that this is the same number of digits as the SSN but related investment union is different. This is unfortunately not the case that the hyphens material-some SSNs do not have the same numbers in the same order that an Eins, so make sure you always fill in the right box and include the hyphens in the right areas.

Informational Returns

Companies, including your own, have an obligation to report certain transactions to the government through “informational returns. “The government matches the informational returns against the tax classifications of individuals and companies, to ensure that taxpayers do not forget to pay taxes on income they received.

Your company will publish routinely informational returns. You may occasionally receive them, and so should understand how this process works by both.

There are several varieties of informational returns. Both he has most likely to publish that you are W-2, which record salary income to an employee, and 1099-MISC, which show the payment for services to individual entrepreneur. (You will not provide usually a 1099-MISC to a company, even if you purchase services from them.)

Your accountant will take care to classify W-2s and 1099s in your name earlier in the calendar year. You will provide a copy to the taxpayer that you post one at the IRS, and keep one for your own records.

To publish any informational return, you need someone to impose the number-typical SSN Identification for W-2s and SSN, ITIN, or (rarely) for an EIN 1099s. There is a form to formally ask someone the tax identification number; it’s theW-9. We only use the W-9 with US taxpayers; if someone is not a person in the United States (for example, if you use someone abroad), you’ll want to get them to give you anon place. (This provides a paper trail in case the IRS asks “why did not you file by 1099 for this entrepreneur?” “They do not subjugation to US tax so we do not have to. “” Oh really? “” This is their W-8BEN. “” Then. “) CORRECT since the IRS loves forms, there are separate (theW8-BEN-E) for when you need a W8-BEN a corporate entity.

Your company may from time to time be requested a W-9 or W8-BEN. This could happen if someone believes they must classify, or may have to file an informational return about you. For example, a financial institution may apply for one of these to open an account, perhaps in anticipation of having to file a 1099-INT for reporting interest income at a later date.

In some cases, you may be asked any of these forms by mistake. Some relatively common mistakes:

Only people of the United States (including companies) should be requested a W-9. If you are not a US person, you should be asked a W8-BEN.

Any company incorporated in the United States is a US person, regardless of who owns it. Many barred customer’s societies Delaware C whose address and operations are international; those are Always US persons and therefore should only classify W-9s not W8-BEN-Es.

Sometimes people ask companies such forms when they have no real need for them. You have no particular obligation to provide if there is no legal requirement for an information return. That said, companies have no particular obligation to do business with you, and some companies require these forms at certain points as a matter of policy. Often the easiest resolution is to say “you can check with your accountant to see if it is really necessary? “You might reasonably decide to simply provide the form, even if not required.

It is usually in your best interest to provide W-9s or W8-BEN! A common reason why your return request is to document their decision not to retain money in your name. (If you’re unfamiliar with taxation in the United States, they might have a legal obligation to hold maybe 30% of your payment and send it to the IRS. The IRS will then wait for you to submit a declaration and perhaps to get some of that. The assumption is that people who are known to taxation are honest and can be trusted to stand on their own money before introducing a statement to determine which part should be sent to the IRS. A W-9 states that “the relevant laws indicate that the IRS trusted me implicitly,

Your company may receive informational returns. The most likely for customers is a 1099-K streak, showing income of processing credit cards for a year. You must not do anything in response to an information return and you must not send him to the IRS, have already received a copy. You will have the income shown on the return recorded in your books somewhere, and your books to drive your tax return.

The scenario informational topics of a return is actually where the return shows a lot of money and tax return on companies obviously do not reflect the money on it. This can result in the IRS making a correspondence audit, asking basically “we know that you received last year $ 5,000 in interest. Where did the reveal this on your tax return? “Since you are a taxpayer respectful of the law, you will have a ready answer to this question, and that’s the end of it.

Many entrepreneurs believe that informational returns reflect the returned (Profits) but it is not the case. For example, a 1099-K reflects total payments which is not even close to the companies taxable income they must always pay expenses, etc. The IRS will have the number for a subset of its revenue for the year (and ask for an explanation if you show $ 200,000 payment by credit card but only claiming $ 120,000 of income), but they do not tax revenue they impose the business profits.

What is transfer pricing?

Companies are more and more business internationally, and this raises difficult questions about where the related parts working in concert produce profits in their business and they should be imposed. This is also true of many customers, which could have a corporate entity in the US and in their home country.

Movement of money business document between their own international operations using the transfer price mechanism to describe the internal movements of money, goods, services, and benefits between related parties or more as if they were the dealings “of the arm’s length” independent companies.

The transfer price has grown over the years as companies and tax administration is trying to address the complexities of international business. It is a tool for taxpayers consider how best to allocate this income to the tax authorities consider whether too much or too little was assigned to a territory, particularly when there is a difference in tax treatment between the territories.

Reasonable prices

The general theory of transfer pricing is that entities mutually agree on a Fair price for goods / services moving between them, record their rationale, and also make sorting books separate entities stipulate this match-on reality and the flow of real money.

Generally the market-based economies assume that there is no such thing as a “reasonable price” except in the framework of an agreement between a buyer and a seller. How the software “Should” cost? Nothing, or $ 0.99, or a million dollars a year, according to the agreement between the parties. The authorities treat the choice of a buyer and seller agree on a price with the substantial compliance, including in matters of taxes, the IRS will default to assume that the price of a spending item is reasonable.

There is a warning here that is very important for the transfer of money: we assume that the buyers and sellers in most transactions are the transaction because they like the terms of the transaction, not because they have larger relationships that transaction. This is called treatment “at arm’s length. “When the buyer and seller are related to each other, such as being married or being under common corporate control, the transaction might perhaps be influenced by their desire not to end up sleeping on the couch. Or, more disturbing perspective of the IRS, reduce the tax paid.

Consequently, the transfer price is about documentation “in the hypothetical world where both companies were not reported them at all, we could have reasonably agrees to buy this thing because it is value, and pay that amount of money because that’s what this thing would cost on the market.”

Examples of transfer pricing

Two examples that are common among companies:

Software sales by the US subsidiary of a foreign company:

Suppose we have the founders of a software provider that operates in India as a private limited company (PLC), the Indian equivalent of a US company C. We will call monitoring software server, for concreteness.

The PLC sells server monitoring software directly to Indian companies, but its software is used by customers worldwide. They establish a Delaware corporation C as subsidiary to sell their software to customers worldwide so they intend PLC to continue to sell domestic Indian customers.

In this case, the ultimate economic goal of the company is to assign much of the profits to where value creation occurs, which, since the software is actually happening in India, India should be. This will leave the Indian PLC pay its expenses (including payroll for the engineering team), offset the founders and product benefits will go to the founders or (presumably to the country people of investors). The company will accordingly leave an amount to the entity of the United States in proportion to the work performed by it.

There are a variety of ways to accomplish this. It is by making the entity of the United States of dealer PLC software. The society will document exhaustively they have sought reseller arrangements. Suppose, hypothetically, that the result of this research was that independent dealers have typically received 20%. They will then sign the entity of the United States a formal agreement with the dealer PLC, forcing him to pay 80% of invoices that charge customers for the software PLC developed.

The fees are within the Indian PLC as income, after which it is taken against expenses (payroll, servers, etc.) of the Indian entity and imposed on the net by India.

The other 20% of sales are to the society of the United States. The business apply some of them to the costs required to operate the company in the United States, such as accounting fees, legal fees (for contract negotiations, etc.), bank fees, and similar. This will result in the entity of the United States earning a modest profit; this income is taxed by the US. Profit after taxation can be sent to the parent company of C, where it may or may not be imposed, or it can be kept in the US for now, to be deployed later such as increasing the operation of the United States, buying capital based in the United States on behalf of American society, or similar.

Sales of physical products by an American company taking investment:

Suppose we have the founders in Hong Kong that make iPhone cases locally, with the intent to distribute internationally. They could choose to take investment. If their investors in Silicon Valley, their investors likely will require them to establish a Delaware corporation C to invest in it.

In this case, the ultimate goal of the company is the first US transfer of funds in Hong Kong, uses these funds to establish a manufacturing operation, and then sells the products of their operation by the entity States -United.

The first part of this would be the entity of the United States contracting with the company in Hong Kong to service-design, branding, and etc. professionals. This would provide adequate justification to pay the company the money to get up and running. This is recorded as income by the Hong Kong Company and spending by American society.

The Hong Kong operation begins to produce iPhone case. It will sell to the US Company, which will sell worldwide. Here, the company would prefer to sell them at the lowest possible price (because it raises the profits of the entity of the United States, which will meet US investors), but the considerations of the compliance evaluation will comply with other manufacturers of goods sold at retail in the United States. It could, for example, finish the wholesale price (paid by the US Company on the Hong Kong Company) would be 40% of retail sales. The company, too, would document exhaustively their reasoning for this evaluation, and shown on invoices / bills of shipping / etc. between the two companies.

This is likely to leave the Hong Kong company with a modest profit (service work and cases of iPhone are sold wholesale, that gets imposed in Hong Kong). The US company has paid labor services and case wholesale, will be sold then the case on to a retail price (higher) of retail (through its website or any other channel), if any winner hopefully profit. The income is taxed in the United States; after taxes, it is possible that dividends would flow to investors or the company’s owners.

Some not-so-obvious observations here:

The company had the choice to sell the case by the Hong Kong entity or the entity of the United States. Why sell the entity of the United States? The main reason is that investors invest in the hopes of having the value of the company product and the company will hold to keep most value in IT Service entity of the United States will own the brand, designs, and trade relations, and “just” do make the entity Hong Kong real work on its behalf.

Would it be safe to run this example in the other direction? It would be significantly more risky. Usually the transfer price that works to identify income in high-tax jurisdiction, rather than a low-tax jurisdiction, is not monitored closely. The transfer price that works to identify the income in a low-tax jurisdiction of the other, usually gets investigated thoroughly. The company in Hong Kong tax rate is less than half the rate in the United States; IRS therefore might assume that an entity of the United States paid a Hong Kong entity relative could make for optimizing taxes rather than for legitimate economic reasons. This does not make it impossible just harder to justify; one reason to have accounting costs get a good sense of what the risk of a given tax position and then make a business decision on how to optimize for the tax savings against the risk of taxes.

The transfer price can become very complicated Especially because corporate structure gets more complicated types start getting complicated transactions (it is much more difficult to explain multi-national multi-party financial transactions than simply selling an iPhone case), and size of business increases.

A company making millions of dollars of income will likely have their transfer pricing strategy designed or remodeled by accountants specializing in their industry. However, even smaller companies should document their transfer pricing position; not having the documentation would make it very difficult to avoid penalties if the IRS were to examine yourself and challenge your transfer pricing.

On the application of disproportionate way of target players share larger (because tax agencies understand that the big players are where the money is).

This should not scare you -the IRS, like most tax agencies is quite reasonable and just wants to be paid an amount consistent with your responsibilities under the law. If you have a disagreement in good faith with the IRS, it will be resolved in the ordinary course of business, for your professional advisors. It is quite uncommon and not overwhelmingly likely to be the reason that his business fail; focus your efforts on making something people love and sell effectively. You can, and should, hire accountants worry about these kinds of things for you.


The “audits” is a scary word for many entrepreneurs. They should not be.

An audit is simply a formal investigation by a tax agency in the accuracy of the information on your tax return. The overwhelming majority of audits are “correspondence audits” – the tax agency sent you simply a letter usually because a computer compared to your informational returns filed tax return and noted a possible malfunction. Your response to correspondence audits will usually be written by your accountant, but it is likely to be relatively simple. (Often, the question can be explained away in a single paragraph.)

The IRS sometimes select returns for closer examination. You should absolutely, positively have professional representation if selected for one of these audits; they can be quite stressful and distracting to run the business, although be-if you introduce specific declarations business-not a well-organized emergency.

These audits usually require a visit in person at the local IRS office or at your office. (The IRS maintains offices in US embassies around the world to international tax issues. Their staff are generally small and they have to be very selective in the audit activity, but you should still introduce precise statements on time.)

In case of an audit, accountant or tax attorney will instruct you as to your answer. You should follow their advice to the letter; this is what you pay. Some things naively might seem like a great idea, as provided to the Rizal the financial data of your business, can delay the resolution of the audit or overcomplicate things, for example by causing the review of business parts that were not originally in audit scope.

Audits are rare, especially for smaller companies. You should know that they are a possibility if you run a business, but they are just that-an opportunity for a relatively common meeting between your business and the government. You should treat the opportunity as a responsible professional: hire an accountant, enter honest statements, hold information in an organized fashion, and spend your time worrying about raising business rather than worrying about the unlikely event of an audit. If you are actually audited, you still will treat it like a responsible professional: call in your accountant / tax attorney and follow their instructions.

The tax is a moving target

Accounting is a deep field, like software development or marketing. One similarity is that the profession’s core is basically the same from year to year. Another similarity is that the things are always changing, constantly.

There is a global interest in tax reform right now. The tax agencies are still arguing with getting their heads around the Internet, and subsequent changes in the Internet businesses positions could occur at any time.

Just as you would not put your marketing strategy or technique once and then forget it, you will want to work with your tax advisors on (minimally) annually to ensure that the way you have structured things still meets and always in your best interests.

Sometimes you’ll even get unexpected good news! For example, when the author of this guide started his business, he double was imposed by the social security systems of both countries on the same income. A few years in business, they have signed a totalization, which allowed him (and similarly situated companies) pay only the system of their country of residence. It was the material savings available due to a change in the law, he would have missed had it not routinely reviewed its tax strategy with a professional.








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