Home Page link  

S-Corporation in NYC

 

Taxes General Forum - Tax professionals meeting place and answers to queries. (Moderated)

 Post an article  get this group's latest topics as an RSS feed add this group's latest topics to your My MSN content add this group's latest topics to your My Yahoo content  add this group's latest topics to your Google content  YahooMyWeb Yahoo!  Google Google  Windows Live Favorites Windows Live  del.icio.us del.icio.us  digg digg  Add to Netscape Netscape
Subject Author Date
S-Corporation in NYC petethethor 01-26-2008
Posted by petethethor on January 26, 2008, 10:59 pm
Please log in for more thread options
Hi,

I am a sole owner/shareholder of an S-corporation incorporated in
Washington State. I am thinking about taking a contract job in NYC and
would temporarily move there.

Let's assume that corporation income from NYC work is $200k/year. I
would like my corporation to rent me an apartment in NYC for this
temporary assignment and I can get reimbursed for its cost. If the
apartment is $40k/year that leaves net income of $160k which I can
issue myself as salary. I would have to pay FICA, FUTA, NYC state and
city, as well as federal income tax.

Since FICA stops at ~$90k I would think this would be a better way to
go. Since net income for corporation after expenses (apartment) and my
salary would be 0, I would think there would be no tax to pay on
corporate level. I do not think NYC could double tax me, or they could
but tax basis would be 0, correct?

Please let me know if I am close or completely off in my calculations/
assumptions. Thanks

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by ed on January 27, 2008, 4:06 pm
Please log in for more thread options
On Jan 26, 9:59 pm, petethet...@gmail.com wrote:
> Hi,
>
> I am a sole owner/shareholder of an S-corporation incorporated in
> Washington State. I am thinking about taking a contract job in NYC and
> would temporarily move there.
>
> Let's assume that corporation income from NYC work is $200k/year. I
> would like my corporation to rent me an apartment in NYC for this
> temporary assignment and I can get reimbursed for its cost. If the
> apartment is $40k/year that leaves net income of $160k which I can
> issue myself as salary. I would have to pay FICA, FUTA, NYC state and
> city, as well as federal income tax.
>
> Since FICA stops at ~$90k I would think this would be a better way to
> go. Since net income for corporation after expenses (apartment) and my
> salary would be 0, I would think there would be no tax to pay on
> corporate level. I do not think NYC could double tax me, or they could
> but tax basis would be 0, correct?
>
> Please let me know if I am close or completely off in my calculations/
> assumptions. Thanks
>
> --
> << ------------------------------------------------------- >>
> << The foregoing was not intended or written to be used,   >>
> << nor can it used, for the purpose of avoiding penalties  >>
> << that may be imposed upon the taxpayer.                  >>
> <<                                                         >>
> <<   The Charter and the Guidelines for submitting posts   >>
> <<  to this newsgroup as well as our anti-spamming policy  >>
> <<                  are atwww.asktax.org.                 >>
> <<         Copyright (2007) - All rights reserved.         >>
> << ------------------------------------------------------- >>

S corps do not pay income tax. It's all tax directly to you. The
travel (and living) expenses are virtually all deductible as long as
you have retained your WA home (ujnless your "employer" reimburses you
for them).. "temporary" must be expected to be less than 1 year.

ed

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by petethethor on January 27, 2008, 5:17 pm
Please log in for more thread options
> On Jan 26, 9:59 pm, petethet...@gmail.com wrote:
>
>
>
> > Hi,
>
> > I am a sole owner/shareholder of an S-corporation incorporated in
> > Washington State. I am thinking about taking a contract job in NYC and
> > would temporarily move there.
>
> > Let's assume that corporation income from NYC work is $200k/year. I
> > would like my corporation to rent me an apartment in NYC for this
> > temporary assignment and I can get reimbursed for its cost. If the
> > apartment is $40k/year that leaves net income of $160k which I can
> > issue myself as salary. I would have to pay FICA, FUTA, NYC state and
> > city, as well as federal income tax.
>
> > Since FICA stops at ~$90k I would think this would be a better way to
> > go. Since net income for corporation after expenses (apartment) and my
> > salary would be 0, I would think there would be no tax to pay on
> > corporate level. I do not think NYC could double tax me, or they could
> > but tax basis would be 0, correct?
>
> > Please let me know if I am close or completely off in my calculations/
> > assumptions. Thanks
>
> > --
> > << ------------------------------------------------------- >>
> > << The foregoing was not intended or written to be used, >>
> > << nor can it used, for the purpose of avoiding penalties >>
> > << that may be imposed upon the taxpayer. >>
> > << >>
> > << The Charter and the Guidelines for submitting posts >>
> > << to this newsgroup as well as our anti-spamming policy >>
> > << are atwww.asktax.org. >>
> > << Copyright (2007) - All rights reserved. >>
> > << ------------------------------------------------------- >>
>
> S corps do not pay income tax. It's all tax directly to you. The
> travel (and living) expenses are virtually all deductible as long as
> you have retained your WA home (ujnless your "employer" reimburses you
> for them).. "temporary" must be expected to be less than 1 year.
>
> ed
>
> --
> << ------------------------------------------------------- >>
> << The foregoing was not intended or written to be used, >>
> << nor can it used, for the purpose of avoiding penalties >>
> << that may be imposed upon the taxpayer. >>
> << >>
> << The Charter and the Guidelines for submitting posts >>
> << to this newsgroup as well as our anti-spamming policy >>
> << are atwww.asktax.org. >>
> << Copyright (2007) - All rights reserved. >>
> << ------------------------------------------------------- >>

I agree with federal income tax flowing through to the shareholders.
And in a case of NY state the same is true. However, I think that NY
City does not recognize S Corporation status and corporations have to
pay city tax of 8.85% on net income. I am just wandering what is net
income defined as and if my salary would be excluded from it. I know I
would have to pay ~3.5% NYC income tax on my salary but that sure
beats 8.85%. Thanks

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Benjamin Yazersky CPA on January 28, 2008, 9:29 pm
Please log in for more thread options
On Jan 26, 10:59 pm, petethet...@gmail.com wrote:
> Hi,
>
> I am a sole owner/shareholder of an S-corporation incorporated in
> Washington State. I am thinking about taking a contract job in NYC and
> would temporarily move there.
>
> Let's assume that corporation income from NYC work is $200k/year. I
> would like my corporation to rent me an apartment in NYC for this
> temporary assignment and I can get reimbursed for its cost. If the
> apartment is $40k/year that leaves net income of $160k which I can
> issue myself as salary. I would have to pay FICA, FUTA, NYC state and
> city, as well as federal income tax.
>
> Since FICA stops at ~$90k I would think this would be a better way to
> go. Since net income for corporation after expenses (apartment) and my
> salary would be 0, I would think there would be no tax to pay on
> corporate level. I do not think NYC could double tax me, or they could
> but tax basis would be 0, correct?
>
> Please let me know if I am close or completely off in my calculations/
> assumptions. Thanks
>
> --


NYC does not recognize S corp status.
If you move here, you would quite likely acquire residency status in
NYC.
You could be considered a resident of both states.

You must be a comedian if you think that a taxing jurisdiction would
avoid double taxation of the same income.

If you operate your business as an unincorporated entity, NYC has the
UBT (unincorporated business tax)

You should find a CPA/tax advisor with NYS/NYC experience (I qualify-
but you don't have to call me)




___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----



"This written advice was not intended or written to be used, and it
cannot
be used by any taxpayer, for the purpose of avoiding penalties that
may be
imposed on the taxpayer."

(The foregoing legend has been affixed pursuant to U.S. Treasury
Regulations
governing tax practice.)



The information transmitted is intended only for the person or entity
to
which it is addressed and may contain confidential and/or privileged
material. Any review, retransmission, dissemination or other use of,
or
taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited. If you
received
this in error, please contact the sender and delete the material from
any
computer.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>


Contact Us | Privacy Policy
This site is not affiliated with Intuit - makers of Quickbooks and Quicken software
This site is not affiliated with Sage Software - makers of Peachtree accounting software
XML SitemapXML Sitemap