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- @060 CHAP 8
-
- ┌──────────────────────────────────────────────┐
- │ SELECTING A FISCAL YEAR FOR TAX PURPOSES │
- └──────────────────────────────────────────────┘
-
- . ABILITY TO UTILIZE FISCAL TAX YEAR TO DEFER INCOME.
- Since the Tax Reform Act of 1986, most opportunities for
- income tax deferral by selecting different tax year-ends
- for an owner and his or her business entity have been elim-
- inated, at least for partnerships, S corporations, and
- "personal service corporations." While the latter types of
- entities may still make a special election to have a
- September, October or November fiscal year, the election,
- in effect, requires the entity to agree to give up any tax
- deferral benefits that might result from using the fiscal
- year, and thus will be of little benefit for tax purposes.
-
- However, it is still possible for a C corporation that is
- not a personal service corporation to elect a fiscal year
- (such as a year that ends January 31) and obtain signifi-
- cant tax deferral benefits by paying a relatively low base
- salary through December of each year to its employee-owners.
- Then, in January of 1997, for example, it can pay a large
- bonus to reduce the corporation's taxable income for the
- year of February 1, 1996 to January 31, 1997. Because the
- employee-owner would be on a calendar year for tax pur-
- poses, the bonuses would not be taxable income to the
- employee-owner for the year 1996, since not received until
- January, 1997.
-
- @IF117xx]PLANNING NOTE FOR @NAME:
- @IF117xx]-----------------------------------------------------------
- @IF117xx]Your business is organized as a C corporation, and thus may
- @IF117xx]be able to take advantage of such status to elect a fiscal
- @IF117xx]year for tax purposes. However, to do so, you will have to
- @IF117xx]determine that your corporation is not a "personal services
- @IF117xx]corporation," as discussed below. (Use the XPERT menu sel-
- @IF117xx]ection in this program for a "consultation" as to whether
- @IF117xx]your firm is or is not a "personal services corporation.")
- @IF117xx]-----------------------------------------------------------
- @IF117xx]
- There are a number of different definitions of "personal
- service corporations" in the Tax Reform Act of 1986, all
- fairly similar but each confusingly different in certain
- respects. The type of personal service corporation that is
- prohibited from using a fiscal tax year for tax deferral
- purposes is one whose principal activity is the performance
- of personal services, where those services are "substanti-
- ally performed" by employee-owners. Any employee who owns
- any stock whatsoever is considered an "employee-owner" in
- this definition, so it is difficult to avoid this classi-
- fication if your corporation is engaged in a service busi-
- ness of the a kind covered by the IRS's voluminous Regula-
- tions on this subject.
-
- If your C corporation is not a "personal service corpora-
- tion," you may want to adopt a January 31 fiscal year for
- it to obtain maximum tax deferral advantages. However, in
- some cases (where yours is a seasonal business, for exam-
- ple), you may want to select a tax year that ends just be-
- fore your most profitable season begins, in order to defer
- taxes at the corporate level. Thus, if you are in the
- business of selling Christmas tree ornaments and do most
- of your business from October through December each year,
- you might choose a September 30 tax year.
-
- . NON-TAX REASONS WHY YOU MIGHT WANT TO CHOOSE A FISCAL
- TAX YEAR. Remember that tax considerations are not the on-
- ly factors to take into account in choosing a fiscal year.
- If taking an annual inventory is a major task, consider
- adopting a year-end that occurs when inventory is at a low
- ebb and when business is slow, if possible. You may also
- find that you will get somewhat quicker and better service
- from your CPA firm for annual tax returns, audits, etc.,
- if you pick a fiscal year that ends several months before
- or after December, since most CPAs are at their busiest
- during the frantic annual tax season from about February
- to May, preparing tax returns and doing audits for their
- many clients who have December year-ends.
-
-