What is Double Taxation?
Double taxation refers to the income tax which is imposed twice on the same earned income, asset or finance transaction by the same or multiple jurisdictions; It usually occurs when the same income is taxed both at corporate as well as at the individual level.
In simple words, when we pay income tax twice on the same source of earned incomeEarned IncomeEarned income is any amount earned by an individual, such as a salary, wages, or employee compensation. It can also be an individual's income through their own business., asset, or financial transaction, then this taxation principle is known as Double Taxation. This taxation principle may be applied at both corporate and personal levels. Again when there is international trade, then this Taxation is applied in two different countries.
For example, corporate profits when earned are taxed as corporate taxCorporate TaxCorporate tax is a tax levied by the government on the profits earned by a company at a fixed rate each year and is calculated in accordance with specific tax regulations. and then taxed again as personal income when it is distributed as dividend among the stockholders. Also, in the case of an owner of an organization, who is also the employee of that organization, gets taxed when he receives the salary. Again if he receives the dividendDividendDividend is that portion of profit which is distributed to the shareholders of the company as the reward for their investment in the company and its distribution amount is decided by the board of the company and thereafter approved by the shareholders of the company. from the company being a shareholder, he needs to pay tax on his tax.
Double Taxation in Corporations (S Corp and C Corp)
- The principle of Taxation affects the C corporations where business profits are taxed both at corporate and personal levels.
- Double Taxation in corporations must pay income tax at a corporate rate even before distributing the profits to the shareholders. Then the profits shared between the shareholders as the dividend is taxed again at the recipient’s rate. Thus the corporate profitsCorporate ProfitsCorporate profit, or ‘profit after tax, is the net income received from the business after deducting direct expenses, indirect expenses and all the applicable taxes from the total revenue generated by the company during the year. are taxed twice. Taxation in corporations is not affected by the Taxation principle, a corporation that passes through earnings directly to the shareholders without going via the intermediate step of paying dividends.
- It is generally accepted as a negative element of the tax system, and the tax authorities try to avoid it in possible situations. This taxation process puts the corporations at a disadvantage when compared to the unincorporated businesses, provides the incentive to corporations to use debt financing instead of equity financing and retained earningsRetained EarningsRetained Earnings are defined as the cumulative earnings earned by the company till the date after adjusting for the distribution of the dividend or the other distributions to the investors of the company. It is shown as the part of owner’s equity in the liability side of the balance sheet of the company. instead of distributing among the shareholders.
- Moreover, if corporate and personal tax systems are integrated, then the tax code is simplified to a large extent.
Tax Results when the dividend is given:
How to Avoid Double Taxation?
- For the smaller corporations, most of the significant shareholders are employees of the firm. Thus the earnings are distributed among the shareholders as wages and fringe benefits for how to avoid double Taxation. Although the employee is liable to pay tax on their income, the corporate deducts the wage and benefits paid as expenses of the company. It thus avoids paying corporate tax on that amount.
- In the case of small businesses, the entire amount is distributed to the employee or owner’s account, and thus nothing is left, which can be subjected to corporate tax. In situations where income is left with the business, it is done so for financing future growth of the company. Though this amount comes under the corporate tax, these tax rates are usually lower than the rate paid by individuals.
- Large companies whose shareholders are not their employees and the earnings or corporate profits cannot be distributed as wage or fringe benefits are often able to avoid double Taxation. These employees can be shown as the tax consultant, as payments to consultants come under tax-deductible business expenses and not dividends. The shareholder in this situation still has to pay tax on his compensation.
- It is also an option to add the shareholders to the payrollPayrollPayroll refers to the overall compensation payable by any organization to its employees on a certain date for a specific period of services they have provided in the entity. This total net pay comprises salary, wages, bonus, commission, deduction, perquisites, and other benefits. as members of the board of directors of the company. There are tax-exempt investors, such as pension funds and charities, which are significant shareholders in large corporations. These groups have tax-exempt status, which helps them in avoiding paying taxes on the corporate dividends received.
International Double Taxation Principle
International businesses often face issues of taxation principlesTaxation PrinciplesTaxation Principles are a set of guidelines that assist lawmakers and governing bodies in developing strategies and planning their implementation to ensure the development of a robust tax structure that is aimed not only at increasing revenues but also at bringing social and economic equality to its citizens.. Their income gets taxed in the country where it is earned, and then this income is again taxed when it is sent back to the business’ home country. In many cases, the total tax rate becomes so high, making pursuing international business an impossible and expensive venture. To avoid these kinds of situations, countries all over the world have made hundreds of double taxation treaties just to avoid Taxation, which is based on models given by the Organization for Economic Cooperation and Development (OECDOECDOECD is an abbreviation for Organization for Economic Co-operation and Development. It is a 38-member international organization established for the purpose of encouraging economic development and world trade by making essential policies.). Mentioned in the double taxation treaty by signatory nations are the limits of their Taxation of international business to help in trade between two countries and to avoid Taxation twice.
This Taxation has always been a topic of debate, as a lot of corporations find it unfair to pay taxes twice on the same income. One of the ways to avoid this is to stop paying dividends and retain the additional profits as retained earnings. Growth companies do not pay dividends as they do not have ample surplus funds after spending on expansion. Mature companies generally pay the dividend as they don’t have a lot of requirements of funds for expansion. But these days, more and more mature organizations are going to share buybacksShare BuybacksShare buyback refers to the repurchase of the company’s own outstanding shares from the open market using the accumulated funds of the company to decrease the outstanding shares in the company’s balance sheet. This is done either to increase the value of the existing shares or to prevent various shareholders from controlling the company. instead of paying dividends. In this way, they are, on the one hand, rewarding the shareholders and, on the other hand, are sparred from getting double taxed.
Double Taxation Video
This article has been a guide to what is Double Taxation and its meaning? Here we discuss how Double Taxation works in Corporations along with practical examples and how to avoid it. You may learn more about accounting from the following articles –