Channel stock market capital gains through my incorporated business?

Question

Hello, I am the CEO of a small web design company. I'm also heavily invested in the stock market. I'm wondering if it is possible to channel my capital gains that I make through the stock market through my small, incorporated S Corporation, to save on taxes. Currently, short term capital gains in the stock market are upwards of 35-40 % for larger gains. Thats just way too much to be giving to the government.

Thanks if anyone can help.

Answer 1

You won't save any taxes as the profits will pass directly to your tax return in the same manner as they would if you recorded them direcly on Schedule D. In fact, they WILL go on Schedule D after they pass through the S-Corp.

Income or loss in an S-Corp passes directly to your individual income tax return in the same characterization as it would have if the S-Corp did not exist. Capital gains within the S-Corp would be computed on Form 1120-S Schedule D and then flow to the shareholders via Schedule K-1 on lines 7 and 8a - 8c. Those amounts would then pass to the appropriate lines on Form 1040 Schedule D.

ST gains are taxed at your marginal rate. The highest marginal rate is 35% and you'd be making a LOT of money for it to hit that level. There's no way that it would ever hit 40% even if you were in AMT territory.

Of course, I would ask the standard question here: Why have you formed an S-Corp for such a low risk type of business? There is no tax benefit for doing so and you only significantly complicate your tax filing requirements and costs. On top of that, most states treat an S-Corp like any other corporation; you have to file state corporate tax returns and pay state corporate taxes including any minimum state franchise fee regardless of any profit or loss in the business.

While a corporation does isolate your personal assets from claims against the business, this is NOT absolute protection. Any personal liability that accrues to you based upon your business actions leaves your personal assets wide open. Most small businesses would be much better served by purchasing a good general liability insurance policy to protect ALL of their assets, both business and personal. It will often be cheaper in the long run and much less complicated.