Newsletters

Electing S Corporation Status

A timely and proper S corporation election generally permits the income of the business to be taxed directly to the shareholders of the corporation rather than to the corporation itself. In order to be effective in a current calendar year, the election must be filed by March 15th of that year. If it is filed any later, the election will apply to the next tax year.

Business Leagues and Trade Organizations

In order to qualify for tax-exempt status under Internal Revenue Code Section 501(c)(6), an association must show that it is devoted to the improvement of business conditions of one or more lines of business as distinguished from the performance of particular services for individual persons. The organization seeking tax-exempt status as a nonprofit business league, chamber of commerce, real estate board, or professional football league must do more than indicate the name of the organization or the object of the local statute under which it is created.

Levies

If a taxpayer fails to pay his or her taxes or does not make arrangements to settle the debt with the Internal Revenue Service, the IRS is authorized to seize and sell real or personal property in which the taxpayer has an interest. This authority extends to property in the hands of a third party.

Taxation of Personal Service Corporations

Although most corporations are entitled to calculate their tax using graduated rates, there is an exception for "qualified personal service" corporations, which are subject to a flat tax rate of 35 percent. A corporation is a qualified personal service corporation if it meets certain tests.

Abusive "Welfare Benefit Plan" Tax Schemes

Generally, contributions to a welfare benefit fund are deductible when paid, but only to the extent that they qualify as ordinary and necessary business expenses of the taxpayer and only to the extent allowable under the Internal Revenue Code. The Code imposes strict limitations on the amount of tax-deductible pre-funding permitted for contributions to a welfare benefit fund.