S corporation Termination test
Assume the following S corporations, gross receipts, passive investment income, and corporate E&P.
All became S corporations at the beginning of year 1.
Will any of these corporations have their S election terminated due to excessive passive income? If so, in what year?
Corp A.
| Gross | Passive Investment | Passive income rate | Corporate Earnings | |
| Year | Receipts | Income | and Profits | |
| 1 | 1,357,208 | 268,750 | 19.80% | 323,550 |
| 2 | 1,233,389 | 118,750 | 9.63% | 323,550 |
| 3 | 1,146,234 | 318,750 | 27.81% | 237,500 |
| 4 | 1,351,719 | 368,750 | 27.28% | 104,500 |
| 5 | 1,504,240 | 418,750 | 27.84% | 0 |
Corp A exceeds the 25% benchmark for 3 consecutive years, but on year 5 does not report earnings/profits so will not be terminated
Corp B
| Gross | Passive Investment | Passive income rate | Corporate Earnings | |
| Year | Receipts | Income | and Profits | |
| 1 | 1,434,500 | 265,000 | 18.47% | 140,589 |
| 2 | 703,380 | 218,000 | 30.99% | 103,000 |
| 3 | 853,050 | 199,000 | 23.33% | 103,000 |
| 4 | 834,950 | 228,000 | 27.31% | 82,250 |
| 5 | 1,004,285 | 275,390 | 27.42% | 82,250 |
Corp B exceeds the 25% benchmark for only 2 consecutive years, reports earnings/profits all 5 years so will not be terminated
Corp C
| Gross | Passive Investment | Passive income rate | Corporate Earnings | |
| Year | Receipts | Income | and Profits | |
| 1 | 1,005,558 | 263,500 | 26.20% | 0 |
| 2 | 706,750 | 313,980 | 44.43% | 0 |
| 3 | 803,150 | 413,870 | 51.53% | 0 |
| 4 | 902,320 | 363,970 | 40.34% | 0 |
| 5 | 677,500 | 303,877 | 44.85% | 0 |
Corp C does not report earnings/profits all 5 years so exceeds the 25% benchmark no need to be checked, will not be terminated
Corp D
| Gross | Passive Investment | Passive income rate | Corporate Earnings | |
| Year | Receipts | Income | and Profits | |
| 1 | 1,104,720 | 265,000 | 23.99% | $725 |
| 2 | 998,750 | 247,500 | 24.78% | 625 |
| 3 | 802,600 | 245,000 | 30.53% | 525 |
| 4 | 806,750 | 229,570 | 28.46% | 425 |
| 5 | 754,500 | 215,000 | 28.50% | 325 |
Corp D exceeds the 25% benchmark for 3 consecutive years (Years 3,4,5) and reports earnings/profits all 5 years so will not be terminated on day 1 of Year 6
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