Double Taxation | What is It and Why Should Businesses Care (2024)

Double taxation may not be the first thing you think of when starting a new business. However, it's an essential aspect for corporation owners to consider as it affects their company and their shareholders.

Double taxation isn't avoidable, and it applies to other income sources. Here's what corporation owners should know about when it comes to double taxation.

What is Double Taxation?

Double taxation refers to the act of paying income taxes twice on the same income. It can occur in three scenarios, explained below:

  • Income from corporations taxed for the corporation and its members
  • International investment or international trade
  • Loans, such as a 401k loan

Most commonly, double taxation happens when a company earns a profit in the form of dividends. The company pays the taxes on its annual profits first. Then, after the company pays its dividends to shareholders, shareholders pay a second tax.

Which Business Entities Experience Double Taxation?

C-Corporations, or C-Corps (also known as just “corporations”), are the only business entity that experiences double taxation. Other business entities have different ways of paying taxes that don't involve a second form of payment.

What are the Tax Rates for Corporations and Individuals?

As of the most current tax year, there is a corporate tax rate of 21%. This first tax applies regardless of how much the corporation earns annually.

Their earnings will be taxed for individual shareholders in a corporation according to their federal income tax bracket. This tax bracket depends on whether you file as:

  • Head of household
  • Married (filing jointly)
  • Married (filing separately)
  • Single

Tax rates for individuals and the tax owed will depend on the dividends received from your corporation.

The exact amount that you’ll owe can vary significantly. For example, the minimum and maximum tax rates, the taxable income bracket, and the tax owed depend on your filing status:

Head of household:

  • 10%: $0 to $14,100; 10% of taxable income
  • 12%: $14,101 to $53,700; $1,410 plus 12% of the amount over $14,100
  • 22%: $53,701 to $85,500; $6,161 plus 22% of the amount over $53,700
  • 24%: $85,501 to $163,300; $13,157 plus 24% of the amount over $85,500
  • 32%: $163, 301 to $207,350; $31,830 plus 32% of the amount over $163,300
  • 35%: $207,351 to $518,400; $45,926 plus 35% of the amount over $207,350
  • 37%: $518,401 or more; $154,793.50 plus 37% of the amount over $518,400

Married, filing jointly:

  • 10%: $0 to $19,750; 10% of taxable income
  • 12%: $19,751 to $80,250; $1,975 plus 12% of the amount over $19,750
  • 22%: $80,251 to $171,050; $9,235 plus 22% of the amount over $80,250
  • 24%: $171,051 to $326,600; $29,211 plus 24% of the amount over $171,050
  • 32%: $326,601 to $414,700; $66,543 plus 32% of the amount over $326,600
  • 35%: $414,701 to $622,050; $94,735 plus 35% of the amount over $414,700
  • 37%: $622,051 or more; $167,307.50 plus 37% of the amount over $622,050

Married, filing separately:

  • 10%: $0 to $9,875; 10% of taxable income
  • 12%: $9,876 to $40,125; $987.50 plus 12% of the amount over $9,875
  • 22%: $40,126 to $85,525; $4,617.50 plus 22% of the amount over $40,125
  • 24%: $85,526 to $163,300; $14,605.50 plus 24% of the amount over $85,525
  • 32%: $163,301 to $207,350; $33,271.50 plus 32% of the amount over $163,300
  • 35%: $207,351 to $311,025; $47,367.50 plus 35% of the amount over $207,350
  • 37%: $311,026 or more; $83,653.75 plus 37% of the amount over $311,025

Single filers:

  • 10%: $0 to $9,875; 10% of taxable income
  • 12%: $9,876 to $40,125; $987.50 plus 12% of the amount over $9,875
  • 22%: $40,126 to $85,525; $4,617.50 plus 22% of the amount over $40,125
  • 24%: $85,526 to $163,300; $14,605.50 plus 24% of the amount over $85,525
  • 32%: $163,301 to $207,350; $33,271.50 plus 32% of the amount over $163,300
  • 35%: $207,351 to $311,025; $47,367.50 plus 35% of the amount over $207,350
  • 37%: $311,026 or more; $83,653.75 plus 37% of the amount over $311,025

Work With the Pros

Double taxation can be a tricky tax principle to navigate, and it's crucial to get the details correct. Have questions about double taxation for your small business? Work with the pros to get the answers you need.

Double Taxation | What is It and Why Should Businesses Care (2024)

FAQs

Why is double taxation important? ›

Proponents of double taxation point out that without taxes on dividends, wealthy individuals could enjoy a good living off the dividends they receive from owning large amounts of common stock, yet pay essentially zero taxes on their personal income. Stock ownership could become a tax shelter, in other words.

What is double taxation in a business? ›

Most commonly, double taxation happens when a company earns a profit in the form of dividends. The company pays the taxes on its annual profits first. Then, after the company pays its dividends to shareholders, shareholders pay a second tax.

Why is double taxation a disadvantage? ›

Double taxation is a disadvantage of a corporation because the corporation has to pay income taxes at twice the rate applied to partnerships.

Why should business be concerned about taxes? ›

Business taxes are any taxes businesses and corporations must pay on their income. These taxes fund various government programs, including infrastructure, education, and defense. Businesses also use taxes to comply with regulations, such as environmental ones.

What are the advantages of a double taxation agreement? ›

Double tax avoidance agreement ensures that the honest taxpayers do not end up paying tax in two countries. It also acts as a tool to promote investment from certain countries by offering tax exemptions or lower tax rates. It is an effective way to promote cross country investments without any ambiguity.

Why was the taxation important? ›

Governments typically use tax revenue to fund public services that accelerate economic and social development, such as schools and health-care systems. With less taxation—whether due to lower rates or greater difficulty collecting taxes—governments have fewer resources to dedicate toward public services.

How can a business avoid double taxation? ›

Two business structures are often preferred for small businesses since they avoid this double taxation burden. These are an LLC and an S Corporation. With these business structures, the company is taxed more like a Sole Proprietorship or a Partnership than as a separate entity, like the C Corporation.

Who suffers from double taxation? ›

Double taxation can happen in C corporations, where owners or shareholders get taxed separately. Other businesses pass income down to individuals, for them to pay personal tax rates that are levied once. In 2022, the federal income tax rate on corporate profits was 21%.

What are some negative effects of taxation? ›

Taxes diminish taxpayer's disposable income and leave consumer's wants unattended. The money they could have used to fulfil their wants goes instead to the government in the form of taxes. Design/methodology/approach – Taxation is analyzed from an economic point of view.

Is double taxation illegal? ›

In essence, it refers to the situation where the same income is subject to taxation twice, once at the entity level and again at the individual or shareholder level. It's important to note that double taxation is not a mistake or illegal; it is a legal and recognized aspect of the taxation system.

What is an example of a double tax? ›

For example, when capital gains accrue from stock holdings, they represent a second layer of tax, as corporate earnings are already subject to corporate income taxes. Additionally, the estate tax creates a double tax on an individual's income and the transfer of that income to heirs upon death.

How does taxation affect the economy? ›

How do taxes affect the economy in the long run? Primarily through the supply side. High marginal tax rates can discourage work, saving, investment, and innovation, while specific tax preferences can affect the allocation of economic resources. But tax cuts can also slow long-run economic growth by increasing deficits.

Why is the multiple tax system important? ›

Improved data transmission speed

This is particularly important in digital communication systems where data needs to be transmitted at high speeds. By transmitting data in a time-division multiplexed format, TDM enables it to be transmitted more quickly, allowing for faster communication and processing of information.

What are the key functions of a double tax agreement? ›

Double tax agreements, also known as double tax treaties, or DTAs for short, are agreements in place between two countries. As the name suggests, one of their key functions is to help people avoid being taxed twice on the same income. They also protect against attempts to avoid or evade tax.

Why are Americans double taxed? ›

The US is one of the only countries in the world that taxes citizens regardless of where they live and work. Because of this, when a US citizen moves to another country with an income tax, they will have to report their income to both governments and face double taxation. This applies to “accidental Americans” as well.

Is double taxation illegal in the US? ›

Contrary to popular belief, there's nothing in the U.S. Constitution or federal law that prohibits multiple states from collecting tax on the same income. Although many states provide tax credits to prevent double taxation, those credits are sometimes unavailable.

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