Double Taxation | What is It and Why Should Businesses Care (2024)

Double taxation may not be the first thing you think of when starting a new business. However, it's an essential aspect for corporation owners to consider as it affects their company and their shareholders.

Double taxation isn't avoidable, and it applies to other income sources. Here's what corporation owners should know about when it comes to double taxation.

What is Double Taxation?

Double taxation refers to the act of paying income taxes twice on the same income. It can occur in three scenarios, explained below:

  • Income from corporations taxed for the corporation and its members
  • International investment or international trade
  • Loans, such as a 401k loan

Most commonly, double taxation happens when a company earns a profit in the form of dividends. The company pays the taxes on its annual profits first. Then, after the company pays its dividends to shareholders, shareholders pay a second tax.

Which Business Entities Experience Double Taxation?

C-Corporations, or C-Corps (also known as just “corporations”), are the only business entity that experiences double taxation. Other business entities have different ways of paying taxes that don't involve a second form of payment.

What are the Tax Rates for Corporations and Individuals?

As of the most current tax year, there is a corporate tax rate of 21%. This first tax applies regardless of how much the corporation earns annually.

Their earnings will be taxed for individual shareholders in a corporation according to their federal income tax bracket. This tax bracket depends on whether you file as:

  • Head of household
  • Married (filing jointly)
  • Married (filing separately)
  • Single

Tax rates for individuals and the tax owed will depend on the dividends received from your corporation.

The exact amount that you’ll owe can vary significantly. For example, the minimum and maximum tax rates, the taxable income bracket, and the tax owed depend on your filing status:

Head of household:

  • 10%: $0 to $14,100; 10% of taxable income
  • 12%: $14,101 to $53,700; $1,410 plus 12% of the amount over $14,100
  • 22%: $53,701 to $85,500; $6,161 plus 22% of the amount over $53,700
  • 24%: $85,501 to $163,300; $13,157 plus 24% of the amount over $85,500
  • 32%: $163, 301 to $207,350; $31,830 plus 32% of the amount over $163,300
  • 35%: $207,351 to $518,400; $45,926 plus 35% of the amount over $207,350
  • 37%: $518,401 or more; $154,793.50 plus 37% of the amount over $518,400

Married, filing jointly:

  • 10%: $0 to $19,750; 10% of taxable income
  • 12%: $19,751 to $80,250; $1,975 plus 12% of the amount over $19,750
  • 22%: $80,251 to $171,050; $9,235 plus 22% of the amount over $80,250
  • 24%: $171,051 to $326,600; $29,211 plus 24% of the amount over $171,050
  • 32%: $326,601 to $414,700; $66,543 plus 32% of the amount over $326,600
  • 35%: $414,701 to $622,050; $94,735 plus 35% of the amount over $414,700
  • 37%: $622,051 or more; $167,307.50 plus 37% of the amount over $622,050

Married, filing separately:

  • 10%: $0 to $9,875; 10% of taxable income
  • 12%: $9,876 to $40,125; $987.50 plus 12% of the amount over $9,875
  • 22%: $40,126 to $85,525; $4,617.50 plus 22% of the amount over $40,125
  • 24%: $85,526 to $163,300; $14,605.50 plus 24% of the amount over $85,525
  • 32%: $163,301 to $207,350; $33,271.50 plus 32% of the amount over $163,300
  • 35%: $207,351 to $311,025; $47,367.50 plus 35% of the amount over $207,350
  • 37%: $311,026 or more; $83,653.75 plus 37% of the amount over $311,025

Single filers:

  • 10%: $0 to $9,875; 10% of taxable income
  • 12%: $9,876 to $40,125; $987.50 plus 12% of the amount over $9,875
  • 22%: $40,126 to $85,525; $4,617.50 plus 22% of the amount over $40,125
  • 24%: $85,526 to $163,300; $14,605.50 plus 24% of the amount over $85,525
  • 32%: $163,301 to $207,350; $33,271.50 plus 32% of the amount over $163,300
  • 35%: $207,351 to $311,025; $47,367.50 plus 35% of the amount over $207,350
  • 37%: $311,026 or more; $83,653.75 plus 37% of the amount over $311,025

Work With the Pros

Double taxation can be a tricky tax principle to navigate, and it's crucial to get the details correct. Have questions about double taxation for your small business? Work with the pros to get the answers you need.

Double Taxation | What is It and Why Should Businesses Care (2024)

FAQs

Double Taxation | What is It and Why Should Businesses Care? ›

Double taxation occurs when taxes are levied twice on a single source of income. Often, this occurs when dividends are taxed. Like individuals, corporations pay taxes on annual earnings. If these corporations later pay out dividends to shareholders, those shareholders may have to pay income tax on them.

What does double taxation mean in business? ›

Most commonly, double taxation happens when a company earns a profit in the form of dividends. The company pays the taxes on its annual profits first. Then, after the company pays its dividends to shareholders, shareholders pay a second tax.

Is double taxation an advantage or disadvantage? ›

Double taxation is a disadvantage of a corporation because the corporation has to pay income taxes at twice the rate applied to partnerships.

Why should business be concerned about taxes? ›

The amount of the tax cost for businesses matters for investment and growth. Where taxes are high, businesses are more inclined to opt out of the formal sector.

What business suffers from double taxation? ›

Double taxation can happen in C corporations, where owners or shareholders get taxed separately. Other businesses pass income down to individuals, for them to pay personal tax rates that are levied once. In 2022, the federal income tax rate on corporate profits was 21%.

Why is double taxation important? ›

Proponents of double taxation point out that without taxes on dividends, wealthy individuals could enjoy a good living off the dividends they receive from owning large amounts of common stock, yet pay essentially zero taxes on their personal income. Stock ownership could become a tax shelter, in other words.

How does LLC avoid double taxation? ›

LLCs avoid double taxation because they are a pass-through entity—there is no tax on profits at the LLC level, only at the individual member level.

What are the negative effects of double taxation? ›

Hence, double taxation induces a hardship on taxpayers through an increased tax burden on the investor and can result in the increase of the price of goods and services, discourages cross border investment through curtailing capital movement, and violates the tax fairness principle.

Can double taxation be avoided? ›

You can avoid double taxation by keeping profits in the business rather than distributing it to shareholders as dividends. If shareholders don't receive dividends, they're not taxed on them, so the profits are only taxed at the corporate rate.

Which form is a disadvantage of double taxation? ›

Answer and Explanation:

The existence of a corporation is independent and separate from its owners. One of the major disadvantages of a corporate is double taxation which means it must pay taxes on the income and the received dividends.

Are taxes bad for small businesses? ›

Taxes interfere with small-business cash flow. Small businesses rely on cash flow to pay day-to-day expenses like wages, benefits, and utilities. 50% of small businesses regularly face cash-flow problems; for 20%, the problem is continuous. Federal, state, and local tax payments compound the cash-flow problem.

Why should companies be taxed more? ›

The main argument is that government should tax wealthy businesses' corporate contributions to economic usage for social well-being to decrease the gap of wealth between the population.

How do taxes affect businesses? ›

Profitability: - Tax Expenses: Higher corporate income tax rates directly reduce a company's profits. A significant portion of a business's earnings may go toward paying taxes, leaving less available for reinvestment, dividends, or growth.

Is double taxation legal? ›

Fair or not, double taxation is allowed under US law. Some activist groups, such as Americans Against Double Taxation, oppose this and hope to remove double taxation from US tax law.

What type of business ownership avoids double taxation? ›

On the special type of corporation of interest to small businesses is the Subchapter S corporation. This type of corporation avoids double taxation by having its income taxed to the shareholders as if the corporation were a partnership.

What happens if you pay taxes twice? ›

Once the IRS has received your report, they will investigate. If they confirm the duplicate payment, you will receive a refund for the extra payment. Remember, while these steps might help you resolve your issue with a duplicate payment, every situation is unique.

What is an example of a double tax? ›

The term "double taxation" can also refer to the taxation of some income or activity twice. For example, corporate profits may be taxed first when earned by the corporation (corporation tax) and again when the profits are distributed to shareholders as a dividend or other distribution (dividend tax).

Do you pay taxes twice if you own a business? ›

Startups structured as C corporations are the only entities paying their taxes twice. S corporations and sole proprietors can also avoid double taxation. Unlike C corporations, LLCs and sole proprietors are legally considered pass-through entities.

Is double taxation illegal in the US? ›

Contrary to popular belief, there's nothing in the U.S. Constitution or federal law that prohibits multiple states from collecting tax on the same income. Although many states provide tax credits to prevent double taxation, those credits are sometimes unavailable.

How does an S Corp avoid double taxation? ›

Shareholders of S corporations report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates. This allows S corporations to avoid double taxation on the corporate income.

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