Section 163(j)
Transfer Pricing : An Overview
Debt versus Equity
US Consolidated Tax Returns
Repatriation

Corporate taxable income generally is taxed twice in the United States: first to the corporation and then, if and when the corporate earnings are distributed, to its shareholders.

Gross Income
A domestic corporation is taxed on its worldwide income. Gross income for US tax purposes is broadly defined as income from whatever source derived, and includes:

  • gross income derived from business
  • gains derived from dealings in property
  • passive income, such as interest, rents, royalties, dividends
  • compensation for services, including fees, commissions, and similar items.

Gross income is not equivalent to gross receipts; gross receipts must be reduced by the cost of goods sold to arrive at gross income.

Gross income can be reflected under several accounting methods, including the accrual method and, where appropriate, the cash receipts and disbursements method. Other methods are available for special situations (for example, instalment sales and percentage of completion for long-term construction contracts). In computing cost of sales, inventories generally must be valued at historical cost. Several inventory costing methods are available, including the first-in, first-out (FIFO) method and the last-in, first-out (LIFO) method. The method of accounting used for tax purposes generally may differ from that used for financial reporting purposes.

Deductions
Once gross income is determined, allowable deductions are subtracted to arrive at taxable income. Computing allowable deductions can be difficult because of the many possible deductions allowed under the law and because of the many interpretative gaps that exist in the law. Generally, all ordinary and necessary expenses of earning income are deductible. However, a deduction for expenses payable to certain related foreign persons generally may have to be deferred until the foreign person reflects the payment in income (e.g., when received).


Tax Rates
Taxable income (gross income less deductions) of a corporation is taxed at the following rates:

Taxable Income
Tax
$0 - 50,000 15%
50,000 -75,000 $7,500 + 25%
75,000 - 100,000 $13,750 + 34%
100,000 - 335,000 $22,250 + 39%
335,000 -10,000,000 $113,900 + 34%
10,000,000 - 15,000,000 $3,400,000 + 35%
15,000,000 - 18,333,333 $5,150,000 + 38%
18,333,333 + 35%

A surtax of 5 percent is imposed on taxable income between $100,000 and $335,000. This additional tax operates to phase out the benefits of graduated rates below 34 percent for corporations with taxable income in excess of $100,000. The effect of this surtax is to tax every extra dollar of taxable income in the $100,000 to $335,000 range at a 39-percent rate. Additionally, a surtax of the lesser of $100,000 or 3 percent of a corporation's income over $15,000,000 is imposed. The effect of this surtax is to tax every extra dollar of taxable income in the $15,000,000 to $18,333,333 range at 38 percent.

Capital gains generally are taxed at the same rates as other income.

The above rates are applied to taxable income in determining the gross amounts of tax. The tax is then reduced by allowable credits, such as the foreign tax credit and the research credit.

In addition, corporations are subject to the alternative minimum tax if it is higher than the tax computed at the regular rates. Most of the states also impose corporate income taxes (see section on State Taxation of Corporations)

Estimated Taxes
Both foreign and domestic corporations are required to make estimated tax payments in advance of filing their tax returns if their estimated tax can reasonably be expected to exceed $500 for the year. Estimated tax is defined as the expected regular tax and alternative minimum tax liability minus tax credits allowable (including the foreign tax credit, research and experimentation credit, and other credits). Payments generally are due on the fifteenth day of the fourth, sixth, ninth, and twelfth months of the taxable year.
Penalties are imposed for underpayments of estimated tax.

Generally, no penalty will be imposed on a corporation for underpayment of any instalment of estimated tax if the total amount of payments of estimated tax made on or before at the due date for such instalment equals or exceeds the total amount that would have been required to be paid on or before that date if the estimated tax equalled the lesser of the following amounts:

  • The tax shown on the return for the preceding year (to use this exception, a corporation must have filed a return showing a tax liability in the preceding year)
  • The tax computed using current year's rates but based on the facts shown on the return for and the law applicable to the preceding year
  • An amount equal to at least 100 percent of the tax for the taxable year computed by annualizing the taxable income or applying the seasonal method.





 

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Ron Maiorano can be contacted at 416-777-8278 or via email at rmaiorano@kpmg.ca
     
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