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How To Use A Corporation To Minimize Your Tax Liability As A Real Estate Professional

By
Real Estate Technology with BoomTown

This is the second post in a four part series focusing on business and incorporation strategies for Real Estate Professionals.

If an employer offered you a 5% raise tomorrow, I imagine that you’d be pretty tickled. If that’s the case, the advice I’m going to give in this post will be the equivalent of a feather in your ear or a finger in your side... Sometimes the fastest route to increasing your income is to decrease your tax liability. Since I can’t recall ever encountering a taxpayer who thought they were under-taxed, I imagine this topic will have universal appeal.

untitled.jpgThere has been a lot of Washingtonian hoopla regarding the tax cuts over the last several years. However, there has been a silent tax increase that has far-reaching impact and has gone relatively unnoticed (my partner, Garrett Sutton, posted on this very topic last week).

The silent tax increase is the payroll tax, which is the tax collected to fund the bankrupt Social Security program and Medicare. If you are under 40, you probably already realize that this ponzi scheme has very little chance of yielding a return on your contributions when you retire. Many of you may discover that you pay more of this tax than any other.

If you receive a W-2 as an employee, you’ll notice that your total contribution amounts to 7.65% of your gross income (you don’t get to see that your employer is paying a matching contribution – if only your employer was as generous with your 401(k) you’d be retired already!). If you are an independent contractor – operating as a sole proprietor, you have the privilege of paying 15.3% of your income. Hefty indeed. So let’s talk about how you can take advantage of a legal remedy to this income sucker.

In my last post, I discussed the importance of setting up a corporation. I recommended an S-Corporation, which is a pass-through entity, meaning that at the end of the year all profits from the business pass through to your individual tax return as a distribution – where you will pay income taxes only. You only pay the welfare tax on your wages.

So assume you earn $100,000 this year. Operating as a sole proprietor you will pay $15,300 in payroll taxes. Now let's assume you have set-up an S-Corp set-up and you feel a salary of $30,000/yr is reasonable.[The operative word here is "reasonable" - you don't need to pay yourself at the top of the pay scale, but the IRS requires the salary to be reasonable. PayScale.com will give you and your tax planner an idea of what is a reasonable amount for you.]

The $30,000 is subject to the 15.3% tax, meaning that you will pay $4,590 in payroll taxes. The $70,000 that remains in the business will flow through to you as a distribution – taxed at your income tax rate.

This simple strategy would save you $10,710 ($15,300 - $4,590) and leave you more money to grow your business or to reward yourself for your efforts.

Now that we’ve covered off on the tax benefits of incorporating, in my next post I’ll turn the attention to accessing capital for your business.

 

-The XBanker 

Eugene Jones
Weichert Realtors - Somerville, NJ
Thanks Jeff, good info. Wound an LLC offer the same benefits as the S-Corp?
Feb 28, 2008 12:20 PM
Leesa Finley
RED Properties - Wake Forest, NC
RED Properties - Raleigh NC Real Estate
Thanks, Jeff - another one bookmarked!  I am really digging the tips!
Feb 28, 2008 12:32 PM
Obeoman Glade Jones
www.obeo.com - Salt Lake City, UT

 

 

...Jeff...

...crappasaurus...I am still a corporate employee--with plenty of expenses!

 

Steve

Feb 28, 2008 12:36 PM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News
I'm an S corp.  Glad I have an accountant to deal with my taxes!
Feb 28, 2008 12:49 PM
Anonymous
XBanker

Eugene,

A LLC will provide similar asset protection to the S-Corp, but they differ on their tax treatment. An LLC is a flow-thru entity and all your income is subject to self-employment tax, just like a sole-proprietor. For the tax benefits you must elect to be taxed as a corporation - which will make your LLC dance like the S-Corp. If your business is just you or you and your spouse, I would stick with the S-Corp. If you have partners, go with an LLC, but own your interest and receive your income in an S-Corp. Of course, your tax advisor's advice should trump my counsel. Hope this at least helps point you in the right direction.

XBanker

Feb 28, 2008 01:40 PM
#5
Cindy Lin
Staged4more School of Home Staging - South San Francisco, CA
Host, The Home Staging Show podcast

Hey XBanker

What is you are a single person operating as a LLC? I am assuming that my tax entity is like a sole proprietor?

Cheers,

Cindy 

Feb 28, 2008 02:27 PM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

We incorporated several years ago and it is singly the best business decision we have made. Thanks for the affirmation. I just told a friend about it this year - amazing how many people do not know about S Corporations!

Oct 02, 2008 03:59 PM