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- @046 CHAP ZZ
-
- ┌───────────────────────────────────────────────┐
- │ PERSONAL SERVICE CORPORATIONS │
- │ AND QUALIFIED PERSONAL SERVICE CORPORATIONS │
- └───────────────────────────────────────────────┘
-
- A "personal service corporation" under today's tax laws is
- a regular corporation that is principally engaged in provi-
- ding personal services, where more than 10% of the stock is
- owned by its employees. Unlike other C corporations, such
- a corporation is fully subject to the limitations on pass-
- ive activity losses, in much the same way as an individual.
-
- A second, and somewhat similar definition of a "personal
- service corporation" is provided for purposes of determin-
- ing whether a C corporation will be allowed to use a fiscal
- year end for tax purposes. A corporation that is consid-
- ered to be a "personal service corporation" under this sec-
- ond definition will not be allowed (generally) to elect a
- fiscal tax year (unless it already did so by filing Form
- 8716 before August 26, 1988). Being categorized as "per-
- sonal service corporations" under either of these two def-
- initions will almost always prove to be a disadvantage for
- tax purposes, rather than an advantage.
-
- Yet another very similar, but not identical, tax concept
- is that of the "qualified personal service corporation."
- (A corporation may fall under either none, one, two or all
- of these 3 definitions of "personal service corporations"
- and "qualified personal service corporations.") A "QUALI-
- FIED personal service corporation" ("QPSC") is one that
- performs services (which are substantially all of its acti-
- vities) in the fields of health, law, engineering, architec-
- ture, accounting, actuarial sciences, performing arts or
- consulting, where substantially all of its stock is owned
- by the employees or retired employees (or by the estates
- of such persons).
-
- There is a major disadvantage if your corporation is consid-
- ered to be a "qualified personal service corporation" -- It
- is not permitted to benefit from the lower graduated tax
- rates available to other C corporations. Instead, all of
- its income is subject to tax at the maximum federal corpor-
- ate tax rate, currently 35%. On the other hand, even if
- such a corporation has average annual gross receipts of
- more than $5 million for the past three years, it will be
- allowed to use the cash method of accounting (which can be
- advantageous), rather than being required to use accrual
- method accounting for tax purposes. Thus, it can sometimes
- be a two-edged sword if your C corporation is categorized
- as a "qualified personal service corporation," at least for
- a large firm.
-
- @IF160xx]NOTE REGARDING @NAME:
- @IF160xx]----------------------------------------------------------
- @IF160xx]Your firm is a C corporation, but is unlikely to be consid-
- @IF160xx]ered a "personal service corporation" or "qualified per-
- @IF160xx]sonal service corporation," since its primary business ac-
- @IF160xx]tivity is: @BUSTYPE.
- @IF160xx]----------------------------------------------------------
- @IF161xx]NOTE REGARDING @NAME:
- @IF161xx]----------------------------------------------------------
- @IF161xx]Your firm is a C corporation, and could possibly be consid-
- @IF161xx]ered a "personal service corporation" or "qualified per-
- @IF161xx]sonal service corporation," since its primary business ac-
- @IF161xx]tivity is: @BUSTYPE.
- @IF161xx]
- @IF161xx]SUGGESTION: Consult a skilled tax professional if you are
- @IF161xx]not already sure whether or not your corporation is a "per-
- @IF161xx]sonal service corporation" (or "QPSC"), since such status
- @IF161xx]can have significant (usually dire) tax consequences.
- @IF161xx]----------------------------------------------------------
- @IF110xx]NOTE REGARDING @NAME:
- @IF110xx]----------------------------------------------------------
- @IF110xx]Your firm is a C corporation, and could possibly be consid-
- @IF110xx]ered a "personal service corporation" or "qualified per-
- @IF110xx]sonal service corporation," depending on the nature of its
- @IF110xx]business activities and its stock ownership.
- @IF110xx]----------------------------------------------------------
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