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.

Why is double taxation a disadvantage for corporations? ›

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. A study shows that higher tax rates are associated with fewer formal businesses and lower private investment.

How can a business avoid double taxation? ›

Two business structures are often preferred for small businesses since they avoid this double taxation burden. These are an LLC and an S Corporation. With these business structures, the company is taxed more like a Sole Proprietorship or a Partnership than as a separate entity, like the C Corporation.

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.

Why is double taxation unfair? ›

Opponents of double taxation on corporate earnings contend that the practice is both unfair and inefficient, since it treats corporate income differently than other forms of income and encourages companies to finance themselves with debt, which is tax deductible, and to retain profits rather than pass them on to ...

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.

What type of business firm is double taxation a disadvantage of? ›

Corporations compute their federal tax liability by multiplying their state tax liability by 2. Profits are taxed at the corporate level as income and. One of the disadvantages of a corporation is double taxation.

Why should corporations be taxed more? ›

Increasing the state's corporation tax rate on highly profitable businesses could help boost state tax revenue and support public services, infrastructure, and education for more Californians. Policymakers also have other options for ensuring that corporations pay their fair share in state taxes.

Are taxes bad for small businesses? ›

High Tax Rates Hurt.

Taxes interfere with small-business cash flow. Small businesses rely on cash flow to pay day-to-day expenses like wages, benefits, and utilities.

How does taxation affect the economy? ›

How do taxes affect the economy in the long run? Primarily through the supply side. High marginal tax rates can discourage work, saving, investment, and innovation, while specific tax preferences can affect the allocation of economic resources. But tax cuts can also slow long-run economic growth by increasing deficits.

What are the negatives of taxes? ›

Taxes generally have a negative effect on economic growth. Theoretically, they act as a disincentive on whatever is taxed – corporate taxes reduce business investment; and indirect taxes like value added tax (VAT) reduce consumption.

Why are Americans double taxed? ›

The US is one of the few countries that taxes its citizens on their worldwide income, regardless of where they live or earn their income. This means that American expats are potentially subject to double taxation – once by the country where they earn their income, and again by the United States.

What business suffers from double taxation? ›

As referenced earlier, C corporations are uniquely the only business type that experiences double taxation. While the corporation pays taxes once itself, double taxation happens when dividends paid to shareholders get taxed at the shareholders' individual rates after they've already been taxed at the corporate level.

How is double taxation legal? ›

Double taxation can also be legal, which means that two countries would consider that a single person is a tax resident. Therefore, taxes on income are imposed by one country, after the same income has already been taxed by another country.

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? ›

Because of the corporate income taxes, C corporations are potentially subject to double taxation. This means that the business is responsible for paying income tax on its earnings, and then the shareholders are responsible for paying a second tax when they receive dividends from the corporation.

How do LLCs avoid paying taxes twice? ›

LLCs are considered “pass-through entities,” which means the LLC itself does not pay federal income taxes on business income. Instead, income “passes through” to individual members of the LLC, who pay federal income tax earned from the LLC via their own individual tax returns.

Is double taxation illegal in the US? ›

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. For now, however, double taxation remains a reality for many Americans living overseas.

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