Corporate tax in the United States is a tax on the taxable income of a C corporation or an entity taxed as a C corporation. The corporate tax is the default tax levied on a business entity unless the entity qualifies to be taxed under different tax rules such as those for non-profit organizations and S corporations. The corporation is taxed under 26 U.S.C. § 11 and Subchapter C (26 U.S.C. § 301 et seq.) of Chapter 1 of the Internal Revenue Code.
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CIRCULAR 230
Tax advisors should be familiar with, and work within, the limitations imposed by IRS Circular 230. Among other things, Circular 230 sets forth requirements for the tax opinions given by professionals that can be relied upon for determining sanction for the taxpayer. Sanctions can be imposed on practitioners as well. Given the nature of Circular 230, it is common for practitioners to include a Circular 230 disclaimer on all communications relating to tax advice, which says that the advice is not intended to be a tax opinion for reliance purposes. The enforceability of such disclaimers have been questioned by some. This paper does not provide an overview of Circular 230, but practitioners rendering tax advice should consult Circular 230 (available at the IRS Website), and certainly become familiar with the issues surrounding Circular 230 before rendering any tax advice, whether or not in the context of entity selection.
© 2008 Jay Bettinger, Esq. All Rights Reserved.
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