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Real estate investments can help your S Corp keep its money.


Real estate investment can be an opportunity for an inactive S in·ac·tive  
adj.
1. Not active or tending to be active.

2.
a. Not functioning or operating; out of use: inactive machinery.

b.
 Corp to do something with its undistributed Adj. 1. undistributed - (of investments) not distributed among a variety of securities
undiversified - not diversified
 C Corp profits.

With an S Corp, the corporation's income is taxed to the stockholder, but its distributions to stockholders are not. With a C Corp, the corporation pays a tax on its income and then its shareholders must also pay a tax when they receive dividends. When a C Corp is converted to an S Corp, the undistributed earnings from the C Corp typically remain untouched in the new account. Once earnings are distributed by the S Corp, the recipients will owe a tax on the dividend. That's why so many S Corps leave the C Corp money untouched.

Many times when the S Corp stops conducting business, it keeps the undistributed money. However, if an S Corp doesn't does·n't  

Contraction of does not.
 meet ongoing activity requirements (at least 75% of gross receipts the total of the receipts, before they are diminished by any deduction, as for expenses; - distinguished from net profits.
- Bouvier.

See under Gross,

a. os>

See also: Gross Receipt
 must be active), it can lose its S Corp status and become a personal holding company. If that happens, the C Corp earning must be distributed and taxes paid.

However, there is an option to defer de·fer 1  
v. de·ferred, de·fer·ring, de·fers

v.tr.
1. To put off; postpone.

2. To postpone the induction of (one eligible for the military draft).

v.intr.
 taxes on those C Corp earnings --invest in real estate.

If 75% of your gross receipts are active, the S Corp is active for tax purposes. Real estate offers the opportunity to change the S Corp's focus so undistributed C Corp earnings can remain protected. For example, a real estate investment nets $25,000 and incurs $75,000 in depreciation--a loss. Given that 75% of the gross receipts--rental, operation depreciation losses--are active, the company can maintain its S Corp status. However, you also may decide to distribute the C Corp earnings now as it will be taxed at a 15% rate, a significant drop over the relatively recent 39.6% rate.
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Article Details
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Title Annotation:Insiders Outlook
Author:Wieder, Marc
Publication:Real Estate Weekly
Article Type:Brief Article
Geographic Code:1USA
Date:Dec 22, 2004
Words:295
Previous Article:Now is the perfect time for real estate shuffles.(Insiders Outlook)
Next Article:In the picture.(Insiders Outlook)(Brief Article)
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