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[RT] Re: GEN: TAX ISSUES....



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The unanswered question in what you posted is how you get the cash 
out of the corp. You pay less tax now, but to get the $$ out you have 
to do it as a dividend, which you pay tax on again at ord. income 
rates.  I guess  if you think your rate is going down someday, you 
could save the div. and distribute later, but 15% added tax to defer 
income??

Generally, the easier way I know of it being done is to claim trader 
status and deduct all exp as business expense, but claim cap gains as 
cap gains at reduced rate.  So  net bus income is always 
negative...no self employment tax...and you get the benefit of lower 
cap gain rates.  cap gains are not subject to self employment tax.

Chris


--- In realtraders@xxxx, "charles meyer" <chmeyer@xxxx> wrote:
> Accounting, Tax Preparation & Tax Strategies for Active 
Traders.Group:
> 
> I'd like to hear any comments or feedback on this entity concept?  
I like to hear all sides
> of an issue but here are some comments from one of my 
correspondents on this subject.
> He claims that the entity thing is much riskier and more complex 
thatn the information
> below suggests and which he puts in the same camp with 'offshore 
tax savings' which could
> also result in jail time for some folks.  He doubts that one could 
gain the advantages (which
> could be disadvantages because of the SE tax) of trader status by 
just using a different entity; especially one in which everything 
passes through to your return.  Maybe this is pretty darned good 
advice, no?  Anyway, thanks for any additional comments.
> 
> Chas
> 
> 
> 
> 
> 
>           Click above for more information 
>                            
>                      
>                
>                 What have you deducted today?
>                
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>           You Trade...We'll do the Rest  May 26, 2001 8:09 AM PDT
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>           Entity Structuring Services
> 
>           Put your capital in an entity!!! TradersAccounting.com 
advises clients on the most advantageous entity structure for your 
trading activities. If you are an investor or part-time trader, and 
are frustrated with the tax code's restriction on deducting investor 
expenses, here is your answer.
> 
>           (1) Create a limited partnership in your state of choice. 
You can register it in your home state, or if you prefer, you can use 
a state such as Nevada that does not have a state corporate income 
tax. After completing the IRS SS-4 form, you will be issued an 
Employer Identification Number (EIN). That is the identifying number 
that the IRS uses for your new business. The next step is to transfer 
your brokerage account, or some portion of it, out of your personal 
social security number, and into the new EIN.
> 
>           (2) At this point, business can begin and all "ordinary 
and necessary" business expenses incurred in your business of money 
management are 100% deductible. Of course, meal and entertainment 
expenses are subject to a 50% limit. It is very exciting to offset 
trading gains with expenses you are currently incurring, such as 
computers, training, subscriptions, meals with fellow traders, and 
internet access.
> 
>           (3) A limited partnership is a "pass-through" tax entity. 
The partnership itself does not pay taxes at the entity level. 
Rather, the taxes are paid by the individual partners on their 
respective tax returns based on their percentage of ownership.
> 
>           (4) If you are in a high tax bracket, you want to lower 
the income reported on your personal income tax return. In such a 
case, you could set up a C-corporation and have it act as the general 
partner of your limited partnership. The general partner could own a 
significant portion of your limited partnership, and hence, be 
responsible for a significant portion of the tax liability.
> 
>           (5) The corporation is a taxable entity. If the 
corporation owns 40% of your limited partnership, and the limited 
partnership earns $100,000, the corporation would be responsible for 
$40,000 in taxable income. That currently would be taxed at the 
lowest corporate rate of 15%. Compare that scenario to not having a 
corporate general partner and having the $40,000 added to your 31% 
individual tax bracket.
> 
>           (6) The corporation and limited partnership strategy is 
the most tax effective way to run your trading business. We do not 
recommend that anyone file as a "trader" on their personal return. 
The chances of audit are too high, and the criteria to qualify are 
too steep. The safest and most effective way to manage your trading 
capital is to place it in a limited partnership, with a managing 
general partner that can either be a corporation or something else, 
depending on your circumstances.
> 
> 
> 
>           Learn more: TRADER STATUS
> 
>           Learn more: TAX REDUCTION PLANNING
> 
>           Learn more: ACCOUNTING AND TAX PREPARATION
> 
>           For more information, please call our office at 1-800-938-
9513.


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