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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SUBCHAPTERS
In order to competently advise on tax considerations in entity selection and formation, the advisor should be familiar with Subchapters C, K and S of IRC.
"C" corporations refer to all corporations since Subchapter C is the primary applicable set of IRC sections. See IRC Sections 300 through 385.
"S" corporations refer to Subchapter S, and all of Subchapter C applies to S corporations, except for sections that are otherwise modified by Subchapter S IRC §§ 1361 through 1379. That means to understand S corporations, practitioners have to under C corporations. There are only 14 Subchapter S IRS Sections; three of these relate to eligibility and three others relate to shareholders. IRC Section 1363 indicates that S corporations are not subject to (federal) tax and shareholders are taxed as individuals, making S corporations a pass-through entity. See § 1366.
Subchapter K relates to partnerships and can be found at the IRC Section 701 through 777. IRC Section 701 confirms that each partner is taxed as an individual under the IRC, making partnerships a pass-through entity.
© 2008 Jay Bettinger, Esq. All Rights Reserved.
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