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How to Correctly Pay Yourself and Take Cash from Your Business

How to Correctly Pay Yourself and Take Cash from Your Business

Understanding UBIT: A Hidden Tax Trap for IRA Investors

Investing in an Individual Retirement Account (IRA) is an effective way to secure financial stability for retirement. Traditional IRAs offer tax deductions on contributions, and funds grow tax-deferred until withdrawal. However, a lesser-known tax lurks beneath the surface—Unrelated Business Income Tax (UBIT)—which could significantly impact your returns if not properly managed.

What Is UBIT?

UBIT, or Unrelated Business Income Tax, is a tax imposed on tax-exempt entities, including IRAs, that engage in certain business activities. Originally introduced in 1950, UBIT was designed to prevent tax-exempt organizations from having an unfair advantage over taxable businesses. While this tax was initially meant for charities, it also applies to IRAs under specific circumstances.

Many investors are unaware that UBIT can affect various types of IRAs, including:

  • Traditional IRAs
  • Roth IRAs
  • SEP-IRAs
  • SIMPLE IRAs

UBIT is applied at trust tax rates, which escalate rapidly, reaching 37% for income over $15,651. This steep taxation can lead to unexpected financial burdens and reduce overall investment returns.

The Cost of UBIT: Double Taxation Risk

If your IRA is subject to UBIT, it faces double taxation:

  1. UBIT is paid at trust tax rates on income earned within the IRA.
  2. Withdrawals from a traditional IRA are taxed again at personal income tax rates.

Example of UBIT’s Financial Impact:

If an IRA generates $100,000 in income subject to UBIT at the 37% tax rate, it results in $37,000 paid in taxes, leaving $63,000 in the account. Upon withdrawal, assuming a 37% personal tax rate, an additional $23,310 is owed, leaving just $39,690—a stark reduction due to double taxation.

Key takeaway: Roth IRAs are shielded from double taxation since withdrawals after five years are tax-free, making them a strategic option for investments susceptible to UBIT.

Which IRA Investments Trigger UBIT?

Most traditional IRA investments, such as stocks, bonds, mutual funds, ETFs, and CDs, do not trigger UBIT. However, certain business and debt-financed investments can expose IRAs to this tax, including:

Pass-Through Business Investments

  • Investments in S corporations, partnerships, and LLCs taxed as partnerships or sole proprietorships.
  • Profits from these businesses flow directly to the IRA, triggering UBIT.

Private Equity and Hedge Funds

  • Some hedge funds and private equity funds are structured as partnerships, making their income subject to UBIT.

Master Limited Partnerships (MLPs)

  1. Publicly traded limited partnerships, particularly in the energy sector, generate taxable income reported on Form K-1.
  2. Often, the most common UBIT trigger for IRAs.

Unrelated Debt-Financed Income (UDFI)

  • When an IRA borrows money to invest in income-producing assets such as real estate.
  • The percentage of income proportional to the debt financing is subject to UBIT.

How to Minimize or Avoid UBIT

While UBIT is an unavoidable tax in some cases, there are strategic ways to reduce or eliminate its impact:

1. Invest in C Corporations Instead of Pass-Through Entities

  • Unlike partnerships, C corporations pay corporate tax before distributing dividends, which are UBTI-exempt.

2. Utilize a C Corporation Blocker

  • A self-directed IRA can set up a C corporation to invest in pass-through entities, absorbing business income before it reaches the IRA.
  • While the C corporation pays a 21% tax, this is lower than UBIT’s 37% rate.

3. Pay Off Debt-Financed Investments Before Selling

  • To avoid UBIT on capital gains, pay off debt 12 months before selling an IRA-owned asset.

Filing and Paying UBIT: What You Need to Know

If your IRA earns more than $1,000 in unrelated business taxable income, it must:

  • File Form 990-T(Get Form 990-T from the IRS).
  • Pay UBIT directly from IRA funds (not personal funds).
  • Make quarterly estimated tax payments if UBIT exceeds $500.

Warning: Not all IRA custodians monitor UBIT obligations. Investors should proactively track potential liabilities to avoid IRS penalties.

Final Takeaways

  • UBIT applies to pass-through businesses, private equity, hedge funds, master limited partnerships, and debt-financed investments.
  • Double taxation can significantly erode IRA returns.
  • Avoid UBIT by investing in C corporations, using blocker strategies, and managing debt-financed investments wisely.
  • Form 990-T must be filed for IRAs generating over $1,000 in UBIT-affected income.
  • Self-directed IRAs require extra diligence to navigate UBIT complexities.

Stay Ahead of the UBIT Trap

  • Understanding and planning for UBIT is crucial for maximizing IRA growth and protecting your retirement savings. Consult a tax professional or financial advisor to ensure your investments align with UBIT regulations and minimize unnecessary tax burdens.

    For expert tax strategies and personalized IRA guidance, contact Optimize Accounting Solutions today!

One of the most critical financial decisions you will make as a small business owner is how to pay yourself. The question, “Should I put myself on the payroll?” is not simple; it depends on your business structure, tax obligations, and financial goals.

Misclassifying your compensation could lead to tax penalties, missed deductions, or unnecessary payroll taxes. In this guide, we will break down how to correctly pay yourself based on your business entity while optimizing for tax efficiency and compliance.

Understanding Tax Structures and Payment Methods

Your method of compensation depends on your business’s legal structure. The U.S. tax code differentiates between employees (who pay FICA taxes) and self-employed individuals (who pay SECA taxes).

  • Federal Insurance Contribution Act (FICA): Requires payroll taxes from employees and employers, covering Social Security and Medicare.
  • Self-Employment Contribution Act (SECA): Applies to self-employed individuals who must pay the full 15.3% tax rate on their self-employment income.

To determine how to compensate yourself, first identify whether you are an employee or self-employed based on your business entity.

How to Pay Yourself Based on Your Business Entity

Sole Proprietorship & Single-Member LLC

  • Payment Method: Owner’s draw – withdraw money as needed.
  • Tax Treatment: Report business profits on Schedule C of Form 1040 and pay self-employment taxes.
  • Key Considerations: You are not an employee and cannot receive a salary or W-2 wages.

Partnerships & Multi-Member LLCs

  • Payment Method: Guaranteed payments or profit distributions.
  • Tax Treatment: Profits and payments are reported via Schedule K-1. General partners pay self-employment taxes on their earnings.
  • Key Considerations: Partners cannot be employees or receive W-2 wages. Payments are subject to self-employment taxes.

S Corporation (S Corp)

  • Payment Method: Reasonable salary (W-2) + shareholder distributions.
  • Tax Treatment: Wages are subject to FICA taxes. Profit distributions are taxed at personal income tax rates but are not subject to self-employment taxes.
  • Key Considerations: The IRS requires S Corp owners to take a “reasonable salary” before taking profit distributions.

C Corporation (C Corp)

  • Payment Method: Salary (W-2) + dividends.
  • Tax Treatment: Salary is subject to payroll taxes, and corporate profits are taxed at 21%. Dividends are taxed again at the personal level (double taxation).
  • Key Considerations: C Corp owners may face higher overall taxation but gain access to more fringe benefits.

Best Practices for Paying Yourself Properly

  • Ensure Proper Documentation: Maintain clear records of owner’s draws, payroll transactions, and distributions.
  • Comply with IRS Requirements: If you are an S Corp or C Corp owner, ensure your salary is reasonable to avoid IRS scrutiny.
  • Plan for Taxes: Set aside estimated taxes throughout the year to avoid underpayment penalties.
  • Work with a Tax Professional: Consulting a business tax accountant can help optimize your compensation strategy while ensuring compliance.

Final Takeaways

Your business structure plays a crucial role in determining how you pay yourself. Understanding your tax obligations and structuring your payments properly can save you money and keep your business compliant.

  1. Sole Proprietors & Single-Member LLCs: Use owner’s draws; pay self-employment tax.
  2. Partnerships: Receive guaranteed payments and profit distributions; pay self-employment tax.
  3. S Corps: Pay yourself a W-2 salary; take tax-advantaged profit distributions.
  4. C Corps: Pay yourself a salary; dividends are subject to double taxation.

By implementing the right strategy, you can ensure financial stability while maximizing tax benefits for your business.

Need expert advice? Contact our accounting professionals today to optimize your compensation strategy! 🚀

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