Business Formation
The most frequently asked tax questions related to Business Formation
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Answer Tax QuestionsCan Corporations use the standard mileage rate method in calculating auto depreciation?
Asked Tuesday, January 03, 2012 by an anonymous user
No. The use of the standard mileage method is limited to a self-employed individual or an employee who operates an automobile for business purposes. Corporations would not qualify. Partners in a partnership would qualify because they are considered self-employed.
Sole Proprietorship - Schedule C
Do I have to carryback my current years business loss?
Asked Tuesday, January 03, 2012 by an anonymous user
No. you may make an election to forego the carryback. You must attach a statement claiming to forego the carryback and file it with the current years tax return by the due date plus extensions.
Sole Proprietorship - Schedule C
Cash method of accounting - inventory
Asked Tuesday, January 03, 2012 by an anonymous user
Most individuals and many sole proprietors with no inventory use the cash method because they find it easier to keep cash method records.
However, if an inventory is necessary to account for your income, you must generally use an accrual method of accounting for sales and purchases. Generally, if you produce, purchase, or sell merchandise in your business, you must keep an inventory and use the accrual method for purchases and sales of merchandise.
However, the following taxpayers can use the cash method of accounting even if they produce, purchase, or sell merchandise. These taxpayers can also account for inventorial items as materials and supplies that are not incidental . A qualifying taxpayer under Revenue Procedure 2001-10 in Internal Revenue Bulletin 2001-2. or A qualifying small business taxpayer under Revenue Procedure 2002-28 in Internal Revenue Bulletin 2002-18. You are a qualifying taxpayer if: Your average annual gross receipts for each prior tax year ending on or after December 17, 1998, is $1 million or less. (Your average annual gross receipts for a tax year is figured by adding the gross receipts for that tax year and the 2 preceding tax years and dividing by 3.)
Your business is not a tax shelter, as defined under section 448(d)(3) of the Internal Revenue Code. You are a qualifying small business taxpayer if: Your average annual gross receipts for each prior tax year ending on or after December 31, 2000, is more than $1 million but not more than $10 million. (Your average annual gross receipts for a tax year is figured by adding the gross receipts for that tax year and the 2 preceding tax years and dividing the total by 3.) You are not prohibited from using the cash method under section 448 of the Internal Revenue Code.
Your principal business activity is an eligible business (described in Publication 538 and Revenue Procedure 2002-28) Business not owned or not in existence for 3 years. If you did not own your business for all of the 3-tax-year period used in figuring your average annual gross receipts, include the period of any predecessor.
If your business has not been in existence for the 3-tax-year period, base your average on the period it has existed including any short tax years, annualizing the short tax year's gross receipts.
However, if an inventory is necessary to account for your income, you must generally use an accrual method of accounting for sales and purchases. Generally, if you produce, purchase, or sell merchandise in your business, you must keep an inventory and use the accrual method for purchases and sales of merchandise.
However, the following taxpayers can use the cash method of accounting even if they produce, purchase, or sell merchandise. These taxpayers can also account for inventorial items as materials and supplies that are not incidental . A qualifying taxpayer under Revenue Procedure 2001-10 in Internal Revenue Bulletin 2001-2. or A qualifying small business taxpayer under Revenue Procedure 2002-28 in Internal Revenue Bulletin 2002-18. You are a qualifying taxpayer if: Your average annual gross receipts for each prior tax year ending on or after December 17, 1998, is $1 million or less. (Your average annual gross receipts for a tax year is figured by adding the gross receipts for that tax year and the 2 preceding tax years and dividing by 3.)
Your business is not a tax shelter, as defined under section 448(d)(3) of the Internal Revenue Code. You are a qualifying small business taxpayer if: Your average annual gross receipts for each prior tax year ending on or after December 31, 2000, is more than $1 million but not more than $10 million. (Your average annual gross receipts for a tax year is figured by adding the gross receipts for that tax year and the 2 preceding tax years and dividing the total by 3.) You are not prohibited from using the cash method under section 448 of the Internal Revenue Code.
Your principal business activity is an eligible business (described in Publication 538 and Revenue Procedure 2002-28) Business not owned or not in existence for 3 years. If you did not own your business for all of the 3-tax-year period used in figuring your average annual gross receipts, include the period of any predecessor.
If your business has not been in existence for the 3-tax-year period, base your average on the period it has existed including any short tax years, annualizing the short tax year's gross receipts.
Sole Proprietorship - Schedule C
Can I claim the part of my living room that has my computer as a home office deduction?
Asked Tuesday, January 03, 2012 by an anonymous user
In general, if you use a part of your home for both personal and business purposes, then no expenses for business use of that part are deductible. There are certain exceptions for the storage of inventory or samples used in a business or for qualified day care providers. You should speak to your local CPA about the "office in home" deductions.
Sole Proprietorship - Schedule C
What are some advantages of selecting to be a Sole Proprietor compared to other entities?
Asked Tuesday, January 03, 2012 by an anonymous user
A sole proprietorship is a business opened under the name of one individual or married couple. The sole proprietorship is not a separate entity, and all taxes are filed on a personal tax return. There are many advantages to starting a sole proprietorship.
You can start a sole proprietorship with as little as $20 because in most states this is the most you will pay for a business permit. Other more expensive filings are not needed, so you can save the money you would spend on a lawyer on your business.
In a sole proprietorship, the owner keeps all the profits. You do not have to share profits with investors as you would with a corporation.
As opposed to a corporation, you can use fund from your business for personal use. In business forms where there are partners or investors, you have to get permission to take money out of the company for personal expenditures.
The owner is the decision maker in a proprietorship, so you do not have to clear decisions with a board of directors or a partner in a partnership.
If your business fails, all losses are your own, and you don't have the headache of paying back business partners. You will also have no lawsuits from angry investors as you would have with a corporation.
How many shareholders can an S Corporation include?
Asked Tuesday, January 03, 2012 by an anonymous user
An S corporation can have no more than 75 shareholders. None of the shareholders can be nonresident aliens.
S Corporation - include a nonresident alien?
Asked Tuesday, January 03, 2012 by an anonymous user
None of the shareholders can be nonresident aliens.
Does a LLC report its profit or loss on its personal tax return?
Asked Tuesday, January 03, 2012 by an anonymous user
A LLC similar to S Corporations, Limited partnerships and Sole Proprietorships report theor profit or losses on there personal tax returns.
Can a LLC be owned by another business?
Asked Tuesday, January 03, 2012 by an anonymous user
Yes, An LLC and a C Corporation may be owned by another business instead of individuals. S Corporations, Limited parnerships and Sole Proprietorships cannot be owned by other businesses.