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When a C corporation's shareholder-employees are provided generous incomes and advantages, the corporation needs to be prepared to fight Internal Revenue Service claims that a few of the settlement payments are really disguised dividends, which were paid according to equip ownership. Particularly, the IRS will argue that the corporation can't justify payment amounts that surpass what's normally paid by comparable business to workers who supply comparable services.

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When presumably excessive quantities of compensation and benefits are provided to an individual, the IRS will treat the excess as dividends. This can lead to double tax. Go Here For the Details is taxed when at the corporate level and again at the shareholder level when that earnings is paid out as dividends.
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Tax Court decisions involving sensible payment. But first, we'll cover some required background details. In basic, the easiest, best way to avoid double taxed dividends is to make deductible compensation payments to shareholder-employees and deductible payments for fringe advantages for those people. As long as such payments pass the reasonable payment test, they can be utilized to lower the corporation's yearly gross income to zero or at least to $100,000 or less, where the corporation's average federal income tax rate is far below the current 28%, 33%, 35% and 39.