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Tax Considerations (27/44) -- Entrepreneurship Law: Company Creation

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Tax Considerations

Tax Considerations I always used to tell my clients, the IRS is like an owner in your business – It gets a cut of the profits too. How much of a cut can depend on the entity and of course the circumstances. I will talk about federal income tax and deductions in this section and save a brief discussion on self-employment taxes for the next section. | Business Entity | Taxation | |---|---| | C-Corporation | Corporate Taxation IRC Sub. C | | Partnership | Pass Through via IRC Sub. K | | Limited Liability Company (LLC) | Pass Through via IRC Sub. K | | Sole Proprietor | Owner | | S-Corporation | Pass Through via IRC Sub. S | Sole Proprietorships Remember that sole proprietorships are not entities separate from their owners. As such, the owner reports all business-related tax items on their personal federal income tax Form 1040 and Schedule C “Profit or Loss From Business.” It is pretty straightforward and only two pages. Once the numbers are computed on the Schedule C, the bottom line – which is net profit or net loss – gets transferred to page one of the Form 1040 (in 2020, this was on line 3). Here is the income portion of the Schedule C. Part I Income | Tax Item # | Item Description | Tax Item Line # | Response Area for Tax Item | |---|---|---|---| | 1 | Gross receipts or sales. See instructions for line 1 and check the box if this income was reported to you on From W-2 and the “Statutory Employee” box on that form was checked . . . . . . ☐ | 1 | – | | 2 | Returns and allowances . . . . . . | 2 | – | | 3 | Subtract line 2 from line 1 . . . . . . | 3 | – | | 4 | Cost of goods sold (from line 42) | 4 | – | | 5 | Gross profit. Subtract line 4 from line 3 | 5 | – | | 6 | Other income, including federal and state gasoline or fuel tax credit or refund (see instructions) | 6 | – | | 7 | Gross income. Add lines 5 and 6 | 7 | – | And part of the expenses portion: Part II Expenses. Enter expenses for business use of your home only on line 30. | Tax Item Line # | Tax Item description | Item # for Response | Response Area | |---|---|---|---| | 8 | Advertising . . . . . . | 8 | – | | 9 | Car and truck expenses (see instructions) | 9 | – | | 10 | Commissions and fees . . . . | 10 | – | | 11 | Contract Labor . . . . . | 11 | – | | 12 | Depletion . . . . . . | 12 | – | | 13 | Depreciation and section 179 expense deduction (not included in Part III) (see instructions) | 13 | – | | 14 | Employee benefit programs . . . | 14 | – | | 15 | Insurance (other than health) . . . | 15 | – | | 16 | Interest (see instructions) . . . . | 16 | – | | 16a | mortgage (paid to banks, etc.) . . . | 16a | – | | 16b | Other . . . . . . | 16b | – | | 17 | Legal and professional services . . . | 17 | – | | Tax Item Line # | Tax Item description | Item # for Response | Response Area | |---|---|---|---| | 18 | Office expense (see instructions) | 18 | – | | 19 | Pension and profit-sharing plans | 19 | – | | 20 | Rent or lease (see instructions) | 20 | – | | 20a | Vehicles, Machinery, and e
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