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When to Use the C-Corporation - YouTube
Channel: Mark J Kohler
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Hi, Mark Kohler here with another two-minute tax and legal tip now I'm going to try to keep this to two minutes
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But it's a big topic this [c-Corporation], when do we use the C corporation
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they're sold to us all the time on radio Ads and TV aDs and
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Apparently the next best thing to sliced bread because all the fortune 500 companies have one and you should do well
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What's the truth now the first benefit of a C corporation is basic, and you all know it it's asset protection
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I get the
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Benefit of the corporate veil as it's called and if you are acting responsibly as a business owner
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You are protected if anything goes wrong in the business [Pacini]. You are protected
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And I've got other [videos] on my YouTube
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[channel] as to how to protect the corporate veil watch them now [a] important point here is the C
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Corporation corporate veil is the same as an s corporation or an LLC
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If anything goes wrong in the business you are protected
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That's the point so don't think the C corp has any better protection than any one of those entities
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But it is a benefit of incorporating
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the second main benefit of a C corporation
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And why you here adds that all the fortune 500 companies or C corporation is because they can have multiple shareholders?
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Thousands of Shareholders they can raise capital
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by getting shareholders to give the corporation money and by giving the Corporation money the
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corporation can Expand and go public or get big and
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deliver their product or service
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Nationwide Or worldwide
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That's why these big companies are C corporations, but it may [not] be the best for you as a small business owner
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Now the biggest con to a corporation and drawback is double taxation and we've got to get it out there on the table
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These big corporations that want to have thousands of shareholders to raise capital
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They know they've got to pay corporate tax that are ok with it
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But for [us] small business owners this may not [be] the best fit because let's say we bring in
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[$100,000] and we spend
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$25,000 on expenses valid expenses and we write often we net
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$75,000 well corporate [taxes] now kick in if we want to take any money out and
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so gosh if I got to pay 15 to 30% or more of
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Corporate tax that doesn't make any sense and so these
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Wild and crazy planners will say oh well you can just take more salary and you can zero out the corporation
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Well if I take 75 grand of salary now, I'm paying too much in Fica tax and I [don't] want to do that
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Oh, so what they're going to do is say
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Oh, you get more write-offs with the C corporation you can write off extra fringe benefits
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Oh really seventy five thousand dollars worth
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I don't think so in my book what your cPa isn't telling you and my tax illegal playbook
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I break [down] the real numbers as to what you could write off in a C corporation
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And you're nowhere near going to be seventy five thousand [dollars], so I'm still stuck trying to get this money out
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How much do I take into [W2] oh?
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That's right. They're gonna say you can loan yourself the money and take out a loan to shareholder
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And then you don't pay the corporate tax so you take part in a W-2
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Maybe [tWenty-five] Grand and then you take part and alone, but all you're doing is in
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Delaying the inevitable because someday you're going to have to pay this corporate tax on
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this loan when you shut down the corporation irs is going to say we want all that money pay back and
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Attributed to you as a dividend so we got it
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you got paid corporate tax on this all the
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[time] in our
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Accounting firm around the country we have people coming to us going I go I got sold the C corporation
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And I've got this loan to shareholder. How do I get rid of it [you] [pay] tax on it well?
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I don't want to pay tax on it. Well, then you take a salary
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well
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I don't want to take a big salary and pay tax you're stuck and the C corporation is this vicious cycle?
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Be so careful
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what watch my video on s corporations and how you can avoid the corporate tax and
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a salary dividend split and avoid the loan process as well for a small business owner the s
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Corporation makes so much better sense now let me give you a little tip of where the C
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Corporation may play in in a limited circumstance when it comes to health care, okay now
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I want to be honest and tell you where sometimes we use a C corporation and our accounting firm nine times out of [ten]
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We're going to be over here
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Setting up our s corporation, and then using llc's for our holdings, and we've got real estate over here
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And we've got a firewall and our operations over here prop sales come in
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We take a W-2 we take the rest as a K1 or you can call it dividend
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But there's no corporate tax now in this situation where the s corporation is your primary entity which I love
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The problem is is you still have a couple fringe benefits that are hard to write off in an s corporation?
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And this is where the C corporation gets oversold now if you've got health care expenses
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I would say over five thousand dollars a year and I'm not talking about health insurance
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I'm talking about out-of-Pocket co-pays deductibles and all sorts of other expenses. How are you going to write those off in an s corporation?
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it's very difficult now if you're married I can use an hra plan and
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Backdoor it in through a spouse and and then you can have this hra
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Through a spouse salary scenario you can read this in my book, and I've got other videos on that
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But if I've got if I'm not married, [and] I'm single
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And I've got a lot of medical my only other option is to do an hSA
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So if I do a health savings account and fund it and then take the money right back out, that's cool
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I got a write-off for my health care
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But maybe I want to build that hSA
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So where the C corp comes in and I love this strategy is if you're single?
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And you have more than five thousand dollars a year in medical expenses
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That's when it usually makes sense
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We'll set up a C corporation with a medical benefit plan and a W-2
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Hra for you the shareholder so in your s corporation you don't take a salary anymore you lease yourself
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From a C corp and this is where you take your w-2 so it's kind of the C corp health reimbursement arrangement strategy
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I only use it for my clients [that] are single and have more than $5,000 in medical costs
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That my friends is the only other time I'd like the C corporation now
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I know that was longer than two minutes and C corporations are a complex topic
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But hopefully I summarized the reasons why these fortune 500 companies you see corporations
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And why you as a small business owner don't want to deal with double taxation and loans to shareholders
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Stay away from that now if you're in a limited situation and single with a lot of medical expenses
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We might want to talk about the C corporation
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But be careful
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And if anybody is selling you on a c-Corporation
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Get a second opinion [and] find out if they're the ones that are going to be doing your tax return year after year and look
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You in the eye when you ask them how [am] I going to close down the C corporation and Avoid double tax?
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the C corporation is a very unique structure, and you've got to make sure it fits your situation and
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Be careful out there. [it's] a jungle
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