Business Tax Rates and Key Features for 2014 All businesses must file an annual tax return. The specific tax return you file is dependent upon your business’ incorporation status. For example, sole proprietorships and corporations are required to file an income tax return whereas partnerships and S corporations file an information return. LLC’s have the option of choosing to be classified for tax purposes as either partnerships or corporations. See our previous Tax Planning Topic of the Month for further discussion on the different entity tax filing structures. In this Topic of the Month, we review the business tax rates and key features for 2014. With each new political change, rates and deductions have and are expected to change from year to year. 2014 Tax Rates and Filings Corporations Under federal law, corporations are treated as separate entities. Corporations that do not elect to be treated as an S corporation keep a separate tax status and are called C corps. C Corporations pay the following tax rates on their income. Percentage Rate Income Level 10% 15% 25% 28% 33% 35% 39.6% $8,925 and less Between $8,925 and $36,250 Between $36,250 and $87,850 Between $87,850 and $183,250 Between $183,250 and $398,350 Between $398,350 and $400,000 Over $400,000 Personal Service Corporations A personal service corporation is one where the business is engaged in either the field of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting. A personal service corporation loses the graduated rates that C corporations use (see chart above). For all personal service corporations, the tax imposed is 35% of taxable income. Entity Personal Service Corporation Tax Rate 35% Cathedral recommends using the highest tax rate of 39.6% to plan for tax implications for your business. Cathedral Consulting Group, LLC Page 1 S Corporations S corporations’ income is reported on the tax return of its shareholders. See previous Topic of the Month titled Tax Planning for more information. Limited Liability Company A limited liability company’s income is reported on the income tax return of the owners, commonly referred to as members. Again, See previous Tax Planning Topic of the Month for more information. LLC’s can elect to be taxed either as an S corporation or as a C corporation. For planning purposes, Cathedral recommends using the S corporation status to limit compensation portions of income. Social Security and Medicare Taxes FICA Taxes All employees working in the United States are required to pay social security and Medicare taxes. Employers deduct these taxes from each employee’s wages. Even if an employee does not qualify for Social Security or Medicare benefits, employers are still required to deduct these taxes from employee’s wages. These taxes are often referred to as FICA (“Federal Insurance Contributions Act”) taxes. Employers match their employee’s withholding amount and pay 6.2% for Social Security and 1.45% for Medicare. The entire tax amount is 12.4% for social security and 2.9% for Medicare. The Affordable Care Act adds an additional Medicare tax. This tax applies to wages and selfemployment income over certain thresholds, generally income over $200,000. It is the employer’s responsibility to withhold the .9% additional tax. FICA Taxes Income Limit Social Security Tax First $113,000 Medicare Tax Unlimited Additional Medicare Tax Generally over $200,000 Employer Employee Total 6.2% 6.2% 12.4% 1.45% 1.45% 2.9% 0.9% 0% 0.9% Self-employed individuals pay the entire FICA tax: 12.4% for Social Security and 2.9% for Medicare. Owners of LLC’s and Partnerships generally are treated as self-employed. The Affordable Care Act imposes an additional Medicare tax of 0.9%. Affordable Health Care Act’s Employer Mandate Provision Postponed to 2015. The Affordable Health Care Act also imposes new compliance regulations, employer mandate taxes, as well as indirect costs on small and medium size companies. However, the Obama administration has indicated that it will delay the employer mandate provision of the new healthcare law until 2015. The delay is to allow businesses the extra year to comply with the requirement of providing healthcare. Cathedral Consulting Group, LLC Page 2 The employer mandate provision requires that companies with fifty or more employees provide insurance to its employees. In the event that the company fails to provide insurance, it will face a fine of up to $3,000 per employee. See our Affordable Care Act of 2013 Topic of the Month for more information. It is important to be mindful and watch the status of when this tax will go into effect. Long Term Capital Gains Rate is set at 20% for 2014. Capital Gains As of 2013, the same tax rates now apply both to short term corporate capital gains as well as to the corporate and individual’s ordinary income. The maximum long term capital gains rate is set at 20%. Capital Losses Corporate capital losses are only deductible against the corporation’s capital gains. This differs from Individual income taxation, where an individual can to deduct up to $3,000 of capital losses against ordinary income on an annual basis. Depreciation For 2014, there are no structural changes in the depreciation rules. A taxpayer can recover the cost or other basis of certain property through depreciation. Depreciation is the IRS’s annual allowance for the wear and tear, deterioration, or obsolescence of the property. The clock for depreciation begins to run when the property is placed in service for use in a trade or business. The timer ends when the taxpayer has fully recovered the property’s cost or other basis or when the property is retired from service, whichever occurs first. In order to claim the depreciation deduction for a specific property, that property must meet certain requirements: (1) the taxpayer must own the property, (2) the property must be used for business or in a way that produces income, (3) the property must have a life of more than one year. The proper depreciation method is through the Modified Accelerated Cost Recovery System (“MACRS”). IRS Publication 946 provides additional information about MACRS along with other information on depreciation. Equipment Purchases Businesses may elect to treat the cost of certain property as an expense not chargeable to a capital account. Meaning, the cost may be deducted for a taxable year. There is however a cap dollar amount. For the 2013 tax year, the maximum dollar amount is set at $500,000. After 2013 the dollar cap decreases to $25,000. Cathedral Consulting Group, LLC Page 3 To conclude this Topic of the Month, we have provided a quick breakdown of income taxes business should be mindful of in 2014. Located on the next page, we encourage all business owners to examine this chart as a foundation to their conversation with their tax advisor, determining what potential tax liabilities may be in store for them in 2014. Philip Clements is the CEO and Rebecca Tingstrom, Esq. is an Associate in the New Jersey office of Cathedral Consulting Group, LLC. For more information, please visit Cathedral Consulting Group LLC online at www.cathedralconsutling.com or contact us at info@cathedralconsulting.com. *This memorandum is provided with the understanding that Cathedral Consulting Group, LLC is not rendering legal, accounting, or other professional advice or service. Professional advice on specific issues should be sought from an accountant, lawyer, or other professional. **To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that any tax advice contained in this communication (including any attachment that does not explicitly state otherwise) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Cathedral Consulting Group, LLC Page 4 Cathedral Consulting Group, LLC Page 5 Self-Employed Self-Employed Self-Employed Self-Employed Self-Employed Over $400,000 Between $8,925 and $36,250 Between $36,250 and $87,850 Between $87,850 and $113,000 Between $113,000 and $398,350 Between $398,350 and $400,000 All Personal Service Corporations Self-Employed Over $400,000 Between $8,925 and $36,250 Between $36,250 and $87,850 Between $87,850 and $113,000 Between $113,000 and $183,250 Between $183,250 and $398,350 Between $398,350 and $400,000 Corporations Corporations Corporations Corporations Corporations Corporations Corporations Income 6.2% 0.0% 0.0% 0.0% 28% 28% 33% 35% 12.4% 0.0% 0.0% 28% 33% 35% 12.4% 12.4% 25% 39.6% 12.4% 6.2% 15% 35% 0.0% 6.2% 25% 39.6% 6.2% 2.9% 0.0% 0.0% 2.9% 2.9% 2.9% 1.45% 0.00% 0.0% 0.0% 0.0% 1.45% 1.45% 1.45% Social Security Medicare Tax Tax Rate Per Rate Per Employee Employee 15% Income Tax Rate 0.9% 0.9% 0.9% 0.9% 0.9% 0.9% 0.9% 0.9% 0.9% 0.9% 0.9% 0% 0% 0% Additional Medicare Tax Rate 55.8% 36% 34% 44% 41.2% 31.2% 43.55% 40.50% 35.90% 33.90% 28.90% 35.65% 32.65% 22.65% ? ? ? ? ? ? ? ? ? ? ? ? ? ? Total Federal State and Local Rate Rates