Ohio State University Extension Fact Sheet

Ohio State University Fact Sheet

Community Development

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Taxes-Federal

CDFS-1176-95

Small Business Series

Gregory R. Passewitz

Benjamin Franklin once said, "... in this world nothing is certain but death and taxes." For a business, both are certain and very important-death, as it relates to business estate planning, and taxes, which are a yearly obligation. This fact sheet contains information about the more common federal taxes that apply to businesses.

Business Taxes

The form of business organization in part determines what taxes you must pay and how to pay them. There are four general types of business taxes that may apply to business: 1) Income Tax, 2) Self-Employment Tax, 3) Employment Taxes, and 4) Excise Taxes.

Income Tax

Every business must file an annual income tax return. Which form you use depends on how your business is organized.

A proprietorship is an individual conducting a business enterprise. A sole proprietor usually reports business income or losses on Schedule C and attaches it to the individual IRS Form 1040. Schedule C contains a detailed listing of income and expenses. Business expenses are subtracted from business income to determine a net profit or loss. This net profit or loss is carried forward to Form 1040.

A partnership consists of two or more individuals conducting a business. The partnership files IRS Form 1065 showing income, expenses and net profit or loss but pays no tax. The net figure is divided among the partners in proportion to their interest in the business and reported on Schedule K-1. This is then carried forward on the individual's 1040 tax return.

A corporation is treated for tax purposes as a single unit. The corporation files its own tax return, usually IRS Form 1120 or 1120A, and pays the tax due. Individuals involved in the corporation receive salaries and/or dividends and report both on IRS Form 1040.

A corporation can make a special election to be taxed under Sub-Chapter S of the Internal Revenue Code. This means the corporation pays no income tax. Instead the income of the corporation is distributed among the shareholders as if it were a partnership. IRS Form 1120S should be used.

Self-Employment Tax

The purpose of a self-employment tax is to provide self-employed persons such as a sole proprietorship or general partners in a partnership with social security coverage. Schedule SE, which is filed with IRS Form 1040, is used to figure self-employment tax. The amount of self-employment tax paid is determined by the tax rate and net earnings of the business person.

Employment Taxes

If the business has one or more employees, various employment taxes may be required. These could include: 1) the federal income tax withheld from your employees' wages; 2) social security (FICA) tax, both the amount withheld from employees' wages and the amount paid as an employer; 3) federal unemployment (FUTA) tax. Social security (FICA) and withheld income taxes are reported together quarterly on IRS Form 941. See Circular E, Employer's Tax Guide, IRS Publication 15 for deposit rules.

Federal Unemployment Tax (FUTA) is reported and paid separate from FICA and withheld income tax. IRS Form 940, an annual return, is used to report FUTA tax. Quarterly deposits are required if unpaid tax exceeds $100. For more information on FICA, FUTA and income tax withholdings, see Circular E, Employer's Tax Guide, IRS Publication 15.

Excise Taxes

The federal government imposes excise taxes on certain business activities. Most businesses would not pay an excise tax. To be sure, check IRS Publication 510, Excise Taxes. There are various excise taxes relating to the manufacture and selling of alcoholic beverages, tobacco and firearms. For information, write the Director, Bureau of Alcohol, Tobacco and Firearms, Washington, D.C. 20226.

There are also federal taxes on the use of highways by certain trucks, truck tractors and buses. Generally, pickup and panel trucks are not subject to the tax. For more information, see IRS Publication 349, Federal Highway Use Tax on Heavy Vehicles.

Employer Identification Number

When filling out IRS forms, an identification number is required. This may be your Social Security Number (SSN) or an Employer Identification Number (EIN). Most organizations and businesses need an employer identification number even if they do not have any employees. All partnerships, corporations, including Sub-Chapter S Corporations, and trusts (except those trusts where the income is taxed entirely to the grantor) must have an Employer Identification Number. Sole proprietors generally can use a SSN as their tax identification number. Sole proprietors are required, however, to have an EIN if they do any of the following:
  1. Pay wages to one or more employees, including family members.
  2. File an excise tax return.
  3. File an alcoholic beverages, tobacco, or firearms return.

How to Obtain an EIN

File Form SS-4, Application for Employer Identification Number, with the Internal Revenue Service. They are available from the Social Security Administration.

Meals and Entertainment Expenses

You may be able to deduct business-related entertainment expenses you have for entertaining a client, customer, or employee. To be deductible, the expense must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your field of business, trade, or profession. A necessary expense is one that is helpful and appropriate for your business. An expense does not have to be indispensable to be considered necessary. In addition, the entertainment expense must meet one of two tests:
  1. Directly-related test, or
  2. Associated test. In general, you can deduct only 50% of your business-related meal and entertainment expenses.

This limit applies to employees or their employers, and to self-employed persons (including independent contractors) or their clients, depending on whether the expenses are reimbursed. The 50% limit applies to business meals or entertainment expenses incurred while:

  1. Traveling away from home (whether eating alone or with others) on business,
  2. Entertaining business customers at your place of business, a restaurant, or other location, or
  3. Attending a business convention or reception, business meeting, or business luncheon at a club. For more information, consult IRS Publication 463, Travel, Entertainment and Gift Expenses.

Employing Spouse and Children

Many business owners employ their spouse and/or children under 18 years of age. Their pay should be for work actually done for the business. The rate of pay should be the same as would be paid to non-family members. There is no unemployment tax paid for your spouse and children, but wages paid to your spouse and/or children under 18 are subject to FICA taxes in most cases. At the end of the year, the family members employed will need a W-2 form and a record of their yearly wages as income. For more information, contact your local Social Security office and the Internal Revenue Service office.

Business Use of The Car

For information about business use of your car, read, CDFS-Fact Sheet #1178 -- Business Use of the Car -- available from your county Extension office.

Sources and Additional Information

  1. IRS Publication 15-Circular E, Employers Tax Guide
  2. IRS Publication 334-Tax Guide for Small Business
  3. IRS Publication 349-Federal Highway Use Tax
  4. IRS Publication 463-Entertainment and Gift Expense
  5. IRS Publication 510-Excise Tax
  6. IRS Publication 533-Self Employment Tax
  7. IRS Publication 534-Depreciation
  8. IRS Publication 535-Business Expenses
  9. IRS Publication 587-Business Use of Your Home

Checklist

Some of the federal taxes for which a sole proprietor, corporation, or partnership may be liable are listed in the chart on the following page. If a due dates fall on a Saturday, Sunday, or legal holiday, it is postponed until the next day that is not a Saturday, Sunday, or legal holiday. For more information, see IRS Publication 509, Tax Calendars for 1995 from which this chart is adapted.
Adapted from IRS Publication 509
You May Be Liable For If You Are Use Form Due On or Before
Income tax
Sole Proprietor
Individual who is a partner or S corporation shareholder
Corporation
S corporation
Schedule C or CEZ (1040)
1040
1120 or 1120A
1120S
Same day as Form 1040
15th day of 4th month after end of tax year
15th day of 3rd month after end of tax year
15th day of 3rd month after end of tax year
Estimated tax
Sole proprietor, or individual who is a partner or S corporation shareholder
Corporation
1040ES
1120W
15th day of 4th, 6th, and 9th month of tax year, 15th day of 1st month after end of tax year
15th day of 4th, 6th, 9th, and 12th months of tax year
Annual return of income Partnership 1065 15th day of 4th month after end of tax year
Social Security and Medicare taxes (FICA) and the withholding of income tax Sole proprietor, corporation,
S corporation, or partnership
941

8109 (to make deposits)
4-30, 7-31, 10-31, and 1-31
See Chapter 34, IRS Pub. 509
Providing information on Social Security and Medicare taxes (FICA) and the withholding of income tax Sole proprietor, corporation,
S corporation, or partnership
W2 (to employee)

W2 and W3 (to Social Security Administration)
1-31

Last day of February
Federal unemployment (FUTA) tax Sole proprietor, corporation,
S corporation, or partnership
940 or 940EZ
8109 (to make deposits)
1-31
4-30, 7-31, 10-31, and 1-31, but only if the liability for unpaid tax is more than $100
Information return for payments to nonemployees and transactions with other persons Sole proprietor, corporation,
S corporation, or partnership
See Chapter 37, IRS Pub. 509 Forms 1099-to the recipient by 1-31 and to the Internal Revenue Service by 2-28

Other forms-See Chapter 37, Pub. 509
Excise taxes Sole proprietor, corporation,
S corporation, or partnership
See Chapter 36, IRS Pub. 509 See instructions to the forms
Selfemployment tax Sole proprietor, or individual who is a partner Schedule SE (Form 1040) Same day as Form 1040


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Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension.

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