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When a C corporation's shareholder-employees are offered generous wages and benefits, the corporation needs to be prepared to eliminate Internal Revenue Service claims that a few of the payment payments are actually disguised dividends, which were paid according to equip ownership. Particularly, the IRS will argue that the corporation can't validate payment quantities that surpass what's generally paid by comparable business to workers who supply comparable services.

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When apparently extreme amounts of compensation and advantages are supplied to a specific, the Internal Revenue Service will treat the excess as dividends. This can lead to double tax. Corporate taxable income is taxed once at the business level and once again at the investor level when that earnings is paid out as dividends.

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Tax Court choices involving reasonable payment. But initially, we'll cover some needed background info. In basic, the easiest, best way to prevent double taxed dividends is to make deductible settlement payments to shareholder-employees and deductible payments for fringe advantages for those people. As long as such payments pass the affordable compensation test, they can be utilized to reduce the corporation's yearly gross income to no or at least to $100,000 or less, where the corporation's typical federal income tax rate is far listed below the existing 28%, 33%, 35% and 39.