#4-1 mcgraw-hill/irwin © 2005 the mcgraw-hill companies, inc., all rights reserved. basic maxims of...
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#4-1
McGraw-Hill/Irwin © 2005 The McGraw-Hill Companies, Inc., All Rights Reserved.
Basic Maxims Basic Maxims of Income Tax Planningof Income Tax Planning
McGraw-Hill/Irwin © 2005 The McGraw-Hill Companies, Inc., All Rights Reserved.
Chapter 4Chapter 4
Basic Maxims Basic Maxims of Income Tax Planningof Income Tax Planning
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#4-2
ObjectivesObjectives
Tax avoidance versus tax evasion
Tax planning variables The Entity The Time Period The Jurisdiction The Character of Income
Explicit and implicit taxes
Tax law doctrines
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#4-3
Tax AvoidanceTax Avoidance
Avoidance is legal
Tax evasion is a federal crime
This course teaches tax planning (avoidance), not evasion - your questions like: ‘The IRS can’t find this type of income, can they?’ are interesting from a compliance standpoint, but will permit a discussion of ethics and evasion as well. Just as we hope (and trust? - or monitor?) that you do not cheat in class, we expect that you will not evade taxes as future businessmen and women.
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#4-4
Income Tax Planning - EntityIncome Tax Planning - Entity
Generally, taxable income is computed the same for different entities.
However, the amount of tax paid depends on the difference in tax rates across entities. The two primary tax paying entities are corporations and individuals.
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#4-5
Income Tax Planning - EntityIncome Tax Planning - Entity
Individual taxpayers have a progressive tax rate structure that
ranges from 10% to 35% see the inside front cover of text. Work AP2
Corporate taxpayers have a progressive tax rate structure that
ranges from 15% to 39% for richest corporations.
see the corporate tax rates in text. Marginal rates of 38% and 39% eliminate benefits of lower brackets. Work AP1
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#4-6
Income Tax Planning - EntityIncome Tax Planning - Entity
Tax costs decrease (and cash flows increase) when income is generated by an entity subject to a low tax rate.
When establishing a new business, consider the tax rates paid by the form of business entity. See chapter 11. flow-through versus corporation
What about established business entities? Reducing tax liabilities may depend on: Income Shifting Deduction Shifting
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#4-7
Income Tax Planning - EntityIncome Tax Planning - Entity
Income Shifting Arranging transactions for the purpose of transferring
income from a high tax rate entity to a low tax rate entity. AP5
Deduction Shifting Arranging transactions for the purpose of transferring
deductions from a low tax rate entity to a high tax rate entity. AP4
Assignment of Income Doctrine prohibits shifting of income from property UNLESS the property is transferred also. AP3
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#4-8
Income Tax Planning - TimeIncome Tax Planning - Time
Because income is reported only once a year, the tax paid or tax savings from any transaction depends on the year the transaction occurs.
In present value terms, tax costs decrease (and cash flows increase) when a tax liability is deferred until a later taxable year. Limited by:
Opportunity Costs Tax Rate Changes
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#4-9
Income Tax Planning - TimeIncome Tax Planning - Time
Opportunity Costs Shifting tax liabilities to a later period also may
entail shifting income to a later period. Thus, the opportunity costs of shifting the income may be greater than the tax savings associated with the liability deferral.
Tax Rate Changes If taxpayers defer a tax liability to a future date
and Congress increases tax rates the benefits of the deferral may be lost or substantially limited.
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#4-10
Income Tax Planning - Time & Opportunity CostsIncome Tax Planning - Time & Opportunity Costs
Assume that a taxpayer has a tax rate of 30 percent and a 10% discount rate. Compare the following:
a) Taxpayer can receive $100 income and pay tax now. After-tax value = $70
b) Taxpayer can delay $100 income and tax both by one year. PV of after-tax value of $70 x 0.909 = $64
c) Taxpayer can delay $100 income by one month but delay tax effect by one year. PV of pre-tax value = $100 x 0.99 = 99 PV of tax cost = ($30) x .909 = (27). Net $72
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#4-11
Income Tax Planning - Time and Tax Rate ChangesIncome Tax Planning - Time and Tax Rate Changes
Suppose in c), Congress changes the tax law to increase the tax rate to 35%.
Then, the PV of pre-tax income is still $99.
However, PV of tax cost is ($35) x .909 = ($32).
Net = $67 .
See also AP8, 9.
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#4-12
Income Tax Planning - JurisdictionIncome Tax Planning - Jurisdiction
The Jurisdiction variable is important because: state laws differ and country laws differ.
Much more opportunity for related-party tax planning.
Tax Costs decrease (and cash flows increase) when income is generated in a jurisdiction with a low tax rate.
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#4-13
Income Tax Planning - JurisdictionIncome Tax Planning - Jurisdiction
Multinational example: U.S. Parent company faces a 35% tax rate. Subsidiary in
Japan faces a 50% tax rate. U.S. manufactures a product for $100 and Japanese subsidiary packages it and markets it for $200. Packaging and marketing costs are $10.
What price would the parent prefer to charge the sub? (Note - most countries have laws requiring ‘arms’ length’ prices.)
See IR2 and also Chapter 12.
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#4-14
Income Tax Planning - CharacterIncome Tax Planning - Character
Ordinary income is generated by the routine operations of a business or investment activity and is subject to tax at regular tax rates. This includes service income, sales, interest, dividends, royalties, and rents.
Capital income is generated by the sale of capital assets (see chapter 7) and has consistently been subject to lower tax rates than ordinary income. (e.g. 20% for individuals)
Some income is nontaxable. E.g.: Municipal bond income, many fringe benefits.
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#4-15
Income Tax Planning - CharacterIncome Tax Planning - Character
Tax costs decrease (and cash flows increase) when income is taxed at a preferential rate because of its character.
Because one form of income receives preferential tax rates, taxpayers are continually trying to arrange transactions to convert ordinary income into capital income or nontaxable income.
The Tax Code contains dozens of provisions that prohibit the artificial conversion of ordinary to capital income.
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#4-16
Income Tax PlanningIncome Tax Planning
Summary Entity, Time, Jurisdiction, Character
Sometimes these planning maxims conflict E.g., defer tax to a later period but at a higher tax rate -
must compute NPV to evaluate.
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#4-17
Implicit TaxesImplicit Taxes
The reduction in rate of return that a taxpayer receives because the market has bid up the price of a tax-favored asset. Easiest example is municipal bonds: If taxable
bonds are yielding 10%, and if the top tax bracket is 40%, then municipal bonds will yield about 6%, because rich taxpayers will buy municipals as long as the interest rate is at least 6%. If not enough rich taxpayers demand municipal bonds, the rates may be slightly higher.
See AP10
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#4-18
Tax Law Doctrines - Tax Law Doctrines - IRS Calls FoulIRS Calls FoulBusiness Purpose Doctrine - must have a business
purpose other than tax avoidance.
Substance Over Form Doctrine - IRS can look through legal formalities to determine economic substance.
Step Transaction Doctrine - IRS can collapse a series of transactions into one. Rule of thumb - transactions more than a year are presumed to be independent.