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About Richard Fritzler
Expertise
Specializing in Business and Corporate taxation. Comparing the advantages and requirements of different business entities, such as Sub-S Corporations, LLC`s, Partnerships (Both Limited and General), Doing Business as a Sole Proprietor, or Using a C-Corporation. Issues regarding K-1 distributions, 1040, schedule C, 1120, 1120s. Are you considering domiciling a Corporation in a low tax state? I can review the benefits and misinformation that exists.

Experience
I have been in the business of assisting business owners in reducing their taxes and liability since 1986. The company is Owelesstax, incorporated, at www.owelesstax.com

Organizations
National Small Business Owners Association.
Publications
Contributing author to "The Corporate Standard Newsletter".


Publications
Contributing author to "The Corporate Standard Newsletter".


 
   

You are here:  Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > Transferring personal property to business.

Tax Law (Questions About Taxes) - Transferring personal property to business.


Expert: Richard Fritzler - 10/12/2009

Question
I ran my business as sole proprietorship for many years.  Then incorporated, S type a few years ago.  I put most of my inventory into the new corporation.  I left about 20 thousand of dead inventory out though knowing that I would probably never be able to sell it.  I have sold a few items out of that pile recently and I'd like to know the best way to account for that. This is just a single shareholder S corporation.

Answer
Although the protocol is specific, the result will be the same. you'll personally pay all the taxes on all the money.

Since it is not a "Corporate Asset" (I use that phrase loosely because the S-corp has lost so many of the feature of a real corporation that it is much closer to a "General Partnership of One" for tax purposes.) it would be attributed to you. You could simply claim you had Consigned the inventory to the business, the business could account for any net profit as a commission, and given you just enough to cover your basis. That way, the profit would not be accounted for on your personal tax return. . . oh wait, it's a Sub-S so it still transfers the tax liability to you through a k-1 and you still have to pay the taxes personally.

If on the other hand, your business was a real corporation that pays its own taxes you would have kept more of the money that you had made.

For instance. the $20k in inventory, if that had a basis of $10k the profit would be $10k given to you you'd pay 30.3% in federal and self employment taxes at least. At the point that you might be able to avoid a portion of your self employment tax the Federal Rate will go to 25% or more.

If that $10k was kept by a real corporation, and taxed on a separate tax return, the total federal tax would only be 15%. That would leave you more after tax dollars to buy more inventory.

I know your CPA/Tax Guru/brother-in-law/Next door neighbor/whatever always told you a Real Corporation is bad, double taxation and all.

Well maybe you need to look beyond the myth and ask why All of the Most Successful Businesses don't take that advice.

I look forward to your call.

Richard Fritzler
www.NevadaCorporateServices.com
800 590-6612  

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