September 26, 2024 • 13 mins
Discover the hidden taxes of S-Corporation and how to use a tax strategy NOT to pay the Net Investment Income Tax for an S-Corporation! This podcast explores powerful tax planning techniques that can reduce your net investment income tax. Learn from top tax advisors on how to effectively utilize tax write-offs, ensuring your business maximizes its savings. With these expert tax strategies, you can keep more money in your pocket and optimize your financial outcomes. Don't miss out on these crucial tips for smarter tax planning!
I've put together this FREE resource for you:
7 Write-Offs Every S-Corporation Business Owner MUST Know
🆓 Download FREE PDF here: https://7taxwriteoffs.com/
Ready to start saving money on your taxes?
☎️ Schedule your FREE Tax Advisory Session: https://taxplanningcall.com/
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*Disclaimer This material & presentation content is for informational and educational purposes only. This material and presentation content is designed to provide general information regarding the subject matter covered. It is not intended to serve as legal, tax, or other financial advice related to individual situations. Because each individual’s legal, tax, and financial situation is different, specific advice should be tailored to the particular circumstances. For this reason, ...
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
If you have an S-corporation, chances are
you're paying an extra 3.8% taxon the net profits of your
S-corporation.
I will help you identify thatextra 3.8% tax, see, if you paid
, how you should stop paying itgoing forward and if you did end
up paying it, how to actuallyamend your tax return to get the
(00:21):
money back from the IRS.
Ready, let's get going.
Speaker 2 (00:32):
Welcome to the Tax Reduction Podcast for
money-making entrepreneurs withBoris Mushaev.
Tax return to get the moneyback from the IRS.
Ready, let's get going.
Can save money on taxes is byusing proactive tax strategies,
and this podcast is all aboutsaving you money on taxes.
Boris will share with youin-depth and easy to understand
tax reduction strategies thatyou can implement in your
(00:53):
business within 30 days or less.
Let's jump into today's episode.
Speaker 1 (00:57):
So let's get started.
So I've broken this down intothree steps for you.
So this is exactly what we'regoing to do.
First of all, we're going toidentify this 3.8%, which is the
net investment income tax.
I'm going to refer it as a NITtax.
Then we're going to talk aboutwho does it apply to, who does
it not apply to?
And if you have an Scorporation, chances are it
doesn't apply to you, but you'remost likely, or probably maybe,
(01:20):
paying it on your tax return.
And then we're going to talkabout how can you spot this tax
on your tax return, how toquestion your accountant and how
to amend your taxes.
Let's get going over here.
First of all, what is NIT?
Nit is a 3.8%, which is NetInvestment Income Tax.
The name speaks for itself.
You pay this tax on yourinvestment income.
(01:42):
What happens many times isthere's some tax preparers when
they prepare your S-corporationtax return the K-1 income from
your S-corporation that flowsthrough to you personally they
accidentally, accidentally,right, classify it as an
investment income, which maytrigger the 3.8% tax Now,
(02:03):
generally on your net profit ofS-corporation, you pay two types
of taxes.
Tax number one is the federaltax.
The tax number two, the statetax right If you're in a state
that has income taxes in thatstate, so you pay taxes on your
S-corporation profit, those twotaxes.
Some S-corporation owners alsopay an extra 3.8% tax,
(02:25):
mistakenly.
All right, that is the netinvestment income tax.
I've seen many tax returnswhere when we get a new client
and we review it and we audittheir three-year look back which
means we review their taxreturns we spot this tax and
then we amend it and we get themoney back.
Now, what is really a netinvestment income tax and how
did it really creep on on yourtax return?
(02:45):
Let me tell you a little bit ofa history.
We'll take like a minute intothis history lesson, so to speak
.
So in 2013, president Obamaenacted Affordable Care Act okay
, also known as Obama Care Actwhich is basically providing
health insurance to everybody.
So everybody who needs it theycan apply for it and you know
all of that stuff with thehealth insurance.
This was back in 2013.
(03:07):
Now, to fund this program, theACA, they've enacted an extra
3.8% tax on those individualsthat have a net investment
income.
So after they did theircalculations, they're like, all
right, where are we going to getsome of the money to fund this.
So they came up with this 3.8%tax.
Now the law said that, hey, ifyou're modified adjusted gross
(03:28):
income, if you're a single filerokay, it's $200,000 or more you
start paying that 3.8% tax.
Now, as you guys know, there'sa capital gains tax rate which
is capped at 20%.
Right, everybody knows, hey,capital gains tax when you sell
a property or assets that youhold over one year, and
everybody's like, oh yeah, great, I only pay a 20% tax.
(03:50):
Not necessarily, a lot of youmay be paying actually 23.8% tax
because of this net investmentincome tax, which is NIT 3.8%.
Now, if you're married filingjointly, you're filing a joint
return, then that would be theincome threshold will be
$250,000.
And if you're merit filingseparately, $125,000.
(04:10):
So really, just keep thosenumbers in mind, because if you
make this in this, so to speak,threshold in terms of your
income, taxable income, thenwhat happens is that 3.8% tax
kicks into you.
Now we're going to talk about astrategy of how you should know
what you need to pay this taxon, what you should not be
paying this tax on, right afterthis break.
Speaker 2 (04:32):
If you have a tax preparer and you do not have a
tax advisor, the only way youcan save money on taxes is by
using proactive tax planningstrategies that only a tax
advisor can give you.
Bora's put together a free PDFfor you, the business owner.
Okay, welcome back.
Speaker 1 (05:04):
Let's talk about who does this really apply?
To Click on the link in thedescription below for a free
download On your tax return.
How to calculate that tax right.
(05:24):
It's either on the excess ofthe income or on your investment
income.
The calculation kicks in of howto pay that 3.8% tax.
But what's important to note isnot technicality, is what does
this tax apply to?
Rental income?
This tax also applies to rentalincome because rental income in
most cases, if you're not areal estate professional, is
(05:46):
considered passive income.
So that is considered passiveincome.
So that is an investment income.
So you pay 3.8% tax on that.
Also, passive businesses In anybusiness where you're not
actively participating andyou're receiving a K-1, let's
say you're a silent partner oryou put in less than 500 hours a
year and you're considered apassive partner.
(06:07):
Well, guess what 3.8% taxapplies to?
Only this bucket.
You can't do anything about it,so to speak.
But let's talk about what thistax does not apply to.
Okay, this tax does not applyto your S corporation income or
even your LLC income.
Why?
Because that is considered anactive income.
(06:28):
It is not an investment income.
Even though you get a K-1, theK-1 should be marked.
That is an active income.
It's not an investment income.
Now what happens is that manytimes when we get a new client,
we review their prior taxreturns.
The first thing we payattention to is that K-1.
How did that prior accountantclassify this K-1 income on the
(06:51):
person's personal tax return Ifthey have accidentally
classified it as an investmentincome?
And you might say well, boris,how can an accountant classify
something that is not investmentincome as an investment income?
Really, it comes down to somesimple things overlooked
mistakes, for example, making acheckbox on the tax return or
not making that checkbox.
(07:12):
So if they didn't make thatcheckbox, then the software will
automatically classify thisinvestment income.
The software will automaticallycalculate the 3.8% tax.
It's a hidden tax.
You don't even know about it.
When your client, when youraccountant, says, hey, you've
got to pay this tax, you're like, okay, wow, I'm in a very high
tax bracket.
Well, guess what?
That's?
Because the 3.8 tax was kickedin for no reason, because the
(07:35):
income from your s corporationor llc has been misclassified.
We've seen many of thosesituations happen and actually
reef, uh, audited, excuse me,amended those tax returns to get
back that money, that 3.8% taxthe business owners paid.
Now another area where you willnot be paying a net investment
(07:58):
income tax is if you have aself-rental.
So remember I said earlier thatyou pay a net investment income
tax on the rental income.
But if you have a self-rental,meaning to say you have a
building that is not in yourS-corporation or in your LLC, to
say you have a building that isnot in your S-corporation or in
your LLC, it's in a separateentity or even under your
personal name, and you pay rentto yourself from the business to
yourself, that income is notclassified as an investment
(08:22):
income.
It is an active income becauseit's part of your business.
It is combined together, it'sgrouped together with your
business on your tax return, onthe section 469.
I'm not going to bore you withdetails, but it's important to
know that if you have aself-rental, that's another area
on the tax return where thishidden tax just bam kicks in.
Now on this one, there's moremistakes done on this one by
(08:46):
other preparers than actuallyclassifying the S-corporation as
a passive income.
Because when there is aself-rental they don't even
specify on the tax return hey,it's a self-rental, so the
software on which they'repreparing a tax return thinks oh
, it's a rental income, so let'skick in this extra 3.8% tax.
You really need a knowledgeabletax accountant.
(09:06):
If you're working with a taxpreparer and only speak to them
once a year, I can guarantee youthere may be a chance that you
are overpaying this tax andreally do not not supposed to
pay the taxes if you are inthese brackets, excuse me in
this situation.
Now let's move on to theshort-term rentals.
If you have a short-term rental, in many cases short-term
(09:28):
rental, if structured properly,can be classified as an active
income.
An active income is not subjectto 3.8% net investment income
tax.
This is another area of yourtax return.
If you have.
Again, if you own anS-corporation, llc, a
self-rental or a short-termrental, you might want to check
(09:49):
your tax return, get it reviewedby somebody who knows taxes and
be like hey, do I pay theseextra taxes that I'm not
supposed to?
You will be surprised how manytaxes are there that can be
latched to your tax return ifdone improperly, if the tax
return is prepared improperly.
The next thing is a real estateprofessional.
(10:10):
A real estate professional, bydefinition, is an individual
whose most of the time is spentin real estate.
You don't necessarily have tobe a real estate agent, but you
may have a lot of propertiesthat you own, you or your spouse
, and you guys manage thoseproperties and really that
identifies you in most cases asa real estate professional.
(10:32):
But if you're classified as areal estate professional and you
may know this, meaning to sayif you're a real estate
professional you most likelyknow that you are okay because
you're taking all thosedepreciation losses and rental
losses on your taxes and youmight want to check if you have
a rental income from any of thebusinesses.
You might want to check if youhave a rental income from any of
the businesses, are you payingan extra 3.8% tax?
(10:52):
If yes, that's another thingthat has to be changed on your
tax return.
So really it's a huge, huge taxthat could be latched on your
tax return without you knowingit.
Now let's talk about how you canaudit your tax return.
First of all, you've got to askyourself which one of these
incomes do I have, right, do Ihave investment, rental income,
which I'm not a real estateprofessional, or do I have other
(11:13):
passive businesses?
Also ask yourself, hey, do Ihave an S-corporation, llc,
self-rental, short-term, or am Ia real estate professional?
Any of these right here, and ifyou are over the threshold of
this income right here whichmajority of business owners are
(11:37):
right, especially like meritfiling joint over $250,000, you
definitely have this tax on yourtaxes earn if you have some
sort of an investment income andthen it could be triggering and
latching on on other activitiesthat you do not qualify on to
pay this tax on.
So ask yourself, where am I onthis chart right here?
Where am I on this chart righthere?
Second of all, check if you haveForm 8960.
Form 8960 is IRS form where the3.8% tax is being calculated on
(11:57):
the income that's not supposedto be there, such as your
S-Corporation, for example.
If your S-Corporation is anactive business, question your
accountant If you know yourincome is over these thresholds
and you see Form 8960 or you'rein any one of these sections
right here.
Definitely ask your accountant.
(12:18):
Hey, let me ask you how muchdid I pay in net investment
income tax of 3.8%?
Please let me know.
And what did I pay it exactlyon?
Ask your accountant and amendyour tax return.
And what did I pay it exactlyon?
Ask your accountant and amendyour tax return If you find out
that you actually paid this taxon the income that you're not
supposed to pay.
You can amend three years' worthof tax returns and request
(12:39):
money back from the IRS.
Your accountant should be ableto do that, but I would really
recommend if your accountant hasmade this mistake, made you pay
an extra 3.8% in unnecessarytax, at this point, I would tell
get yourself a tax advisor.
I strongly recommend.
If you're a profitable businessowner and you want to start
paying less in taxes, you've gotto stop working with somebody
(13:01):
who you're meeting only once ayear, sending them documents to
prepare your tax return, to putthe right numbers in the right
box.
It doesn't matter who it is aCPA or EA.
It doesn't matter if thatperson is just a preparer.
What you need is to getyourself a tax advisor, somebody
that specializes in taxstrategy and helping you pay
(13:21):
less in taxes by really catchingthings like this.
Thank you so much, until thenext time.
Speaker 2 (13:26):
That's it for today's episode.
Be sure to check out thedescription below for some free
tax reduction resources thatBoris put together for you.
If you're ready to work with atax advisor on your tax planning
, be sure to schedule your callby heading over to
wwwtaxplanningcallcom.
That's wwwtaxplanningcallcom.
And be sure to subscribe to ourpodcast to be notified when the
(13:47):
next strategy is released.
If you have an S-corporation, chances are
you're paying an extra 3.8% taxon the net profits of your
S-corporation.
I will help you identify thatextra 3.8% tax, see, if you paid
, how you should stop paying itgoing forward and if you did end
up paying it, how to actuallyamend your tax return to get the
(00:21):
money back from the IRS.
Ready, let's get going.
Speaker 2 (00:32):
Welcome to the Tax Reduction Podcast for
money-making entrepreneurs withBoris Mushaev.
Tax return to get the moneyback from the IRS.
Ready, let's get going.
Can save money on taxes is byusing proactive tax strategies,
and this podcast is all aboutsaving you money on taxes.
Boris will share with youin-depth and easy to understand
tax reduction strategies thatyou can implement in your
(00:53):
business within 30 days or less.
Let's jump into today's episode.
Speaker 1 (00:57):
So let's get started.
So I've broken this down intothree steps for you.
So this is exactly what we'regoing to do.
First of all, we're going toidentify this 3.8%, which is the
net investment income tax.
I'm going to refer it as a NITtax.
Then we're going to talk aboutwho does it apply to, who does
it not apply to?
And if you have an Scorporation, chances are it
doesn't apply to you, but you'remost likely, or probably maybe,
(01:20):
paying it on your tax return.
And then we're going to talkabout how can you spot this tax
on your tax return, how toquestion your accountant and how
to amend your taxes.
Let's get going over here.
First of all, what is NIT?
Nit is a 3.8%, which is NetInvestment Income Tax.
The name speaks for itself.
You pay this tax on yourinvestment income.
(01:42):
What happens many times isthere's some tax preparers when
they prepare your S-corporationtax return the K-1 income from
your S-corporation that flowsthrough to you personally they
accidentally, accidentally,right, classify it as an
investment income, which maytrigger the 3.8% tax Now,
(02:03):
generally on your net profit ofS-corporation, you pay two types
of taxes.
Tax number one is the federaltax.
The tax number two, the statetax right If you're in a state
that has income taxes in thatstate, so you pay taxes on your
S-corporation profit, those twotaxes.
Some S-corporation owners alsopay an extra 3.8% tax,
(02:25):
mistakenly.
All right, that is the netinvestment income tax.
I've seen many tax returnswhere when we get a new client
and we review it and we audittheir three-year look back which
means we review their taxreturns we spot this tax and
then we amend it and we get themoney back.
Now, what is really a netinvestment income tax and how
did it really creep on on yourtax return?
(02:45):
Let me tell you a little bit ofa history.
We'll take like a minute intothis history lesson, so to speak
.
So in 2013, president Obamaenacted Affordable Care Act okay
, also known as Obama Care Actwhich is basically providing
health insurance to everybody.
So everybody who needs it theycan apply for it and you know
all of that stuff with thehealth insurance.
This was back in 2013.
(03:07):
Now, to fund this program, theACA, they've enacted an extra
3.8% tax on those individualsthat have a net investment
income.
So after they did theircalculations, they're like, all
right, where are we going to getsome of the money to fund this.
So they came up with this 3.8%tax.
Now the law said that, hey, ifyou're modified adjusted gross
(03:28):
income, if you're a single filerokay, it's $200,000 or more you
start paying that 3.8% tax.
Now, as you guys know, there'sa capital gains tax rate which
is capped at 20%.
Right, everybody knows, hey,capital gains tax when you sell
a property or assets that youhold over one year, and
everybody's like, oh yeah, great, I only pay a 20% tax.
(03:50):
Not necessarily, a lot of youmay be paying actually 23.8% tax
because of this net investmentincome tax, which is NIT 3.8%.
Now, if you're married filingjointly, you're filing a joint
return, then that would be theincome threshold will be
$250,000.
And if you're merit filingseparately, $125,000.
(04:10):
So really, just keep thosenumbers in mind, because if you
make this in this, so to speak,threshold in terms of your
income, taxable income, thenwhat happens is that 3.8% tax
kicks into you.
Now we're going to talk about astrategy of how you should know
what you need to pay this taxon, what you should not be
paying this tax on, right afterthis break.
Speaker 2 (04:32):
If you have a tax preparer and you do not have a
tax advisor, the only way youcan save money on taxes is by
using proactive tax planningstrategies that only a tax
advisor can give you.
Bora's put together a free PDFfor you, the business owner.
Okay, welcome back.
Speaker 1 (05:04):
Let's talk about who does this really apply?
To Click on the link in thedescription below for a free
download On your tax return.
How to calculate that tax right.
(05:24):
It's either on the excess ofthe income or on your investment
income.
The calculation kicks in of howto pay that 3.8% tax.
But what's important to note isnot technicality, is what does
this tax apply to?
Rental income?
This tax also applies to rentalincome because rental income in
most cases, if you're not areal estate professional, is
(05:46):
considered passive income.
So that is considered passiveincome.
So that is an investment income.
So you pay 3.8% tax on that.
Also, passive businesses In anybusiness where you're not
actively participating andyou're receiving a K-1, let's
say you're a silent partner oryou put in less than 500 hours a
year and you're considered apassive partner.
(06:07):
Well, guess what 3.8% taxapplies to?
Only this bucket.
You can't do anything about it,so to speak.
But let's talk about what thistax does not apply to.
Okay, this tax does not applyto your S corporation income or
even your LLC income.
Why?
Because that is considered anactive income.
(06:28):
It is not an investment income.
Even though you get a K-1, theK-1 should be marked.
That is an active income.
It's not an investment income.
Now what happens is that manytimes when we get a new client,
we review their prior taxreturns.
The first thing we payattention to is that K-1.
How did that prior accountantclassify this K-1 income on the
(06:51):
person's personal tax return Ifthey have accidentally
classified it as an investmentincome?
And you might say well, boris,how can an accountant classify
something that is not investmentincome as an investment income?
Really, it comes down to somesimple things overlooked
mistakes, for example, making acheckbox on the tax return or
not making that checkbox.
(07:12):
So if they didn't make thatcheckbox, then the software will
automatically classify thisinvestment income.
The software will automaticallycalculate the 3.8% tax.
It's a hidden tax.
You don't even know about it.
When your client, when youraccountant, says, hey, you've
got to pay this tax, you're like, okay, wow, I'm in a very high
tax bracket.
Well, guess what?
That's?
Because the 3.8 tax was kickedin for no reason, because the
(07:35):
income from your s corporationor llc has been misclassified.
We've seen many of thosesituations happen and actually
reef, uh, audited, excuse me,amended those tax returns to get
back that money, that 3.8% taxthe business owners paid.
Now another area where you willnot be paying a net investment
(07:58):
income tax is if you have aself-rental.
So remember I said earlier thatyou pay a net investment income
tax on the rental income.
But if you have a self-rental,meaning to say you have a
building that is not in yourS-corporation or in your LLC, to
say you have a building that isnot in your S-corporation or in
your LLC, it's in a separateentity or even under your
personal name, and you pay rentto yourself from the business to
yourself, that income is notclassified as an investment
(08:22):
income.
It is an active income becauseit's part of your business.
It is combined together, it'sgrouped together with your
business on your tax return, onthe section 469.
I'm not going to bore you withdetails, but it's important to
know that if you have aself-rental, that's another area
on the tax return where thishidden tax just bam kicks in.
Now on this one, there's moremistakes done on this one by
(08:46):
other preparers than actuallyclassifying the S-corporation as
a passive income.
Because when there is aself-rental they don't even
specify on the tax return hey,it's a self-rental, so the
software on which they'repreparing a tax return thinks oh
, it's a rental income, so let'skick in this extra 3.8% tax.
You really need a knowledgeabletax accountant.
(09:06):
If you're working with a taxpreparer and only speak to them
once a year, I can guarantee youthere may be a chance that you
are overpaying this tax andreally do not not supposed to
pay the taxes if you are inthese brackets, excuse me in
this situation.
Now let's move on to theshort-term rentals.
If you have a short-term rental, in many cases short-term
(09:28):
rental, if structured properly,can be classified as an active
income.
An active income is not subjectto 3.8% net investment income
tax.
This is another area of yourtax return.
If you have.
Again, if you own anS-corporation, llc, a
self-rental or a short-termrental, you might want to check
(09:49):
your tax return, get it reviewedby somebody who knows taxes and
be like hey, do I pay theseextra taxes that I'm not
supposed to?
You will be surprised how manytaxes are there that can be
latched to your tax return ifdone improperly, if the tax
return is prepared improperly.
The next thing is a real estateprofessional.
(10:10):
A real estate professional, bydefinition, is an individual
whose most of the time is spentin real estate.
You don't necessarily have tobe a real estate agent, but you
may have a lot of propertiesthat you own, you or your spouse
, and you guys manage thoseproperties and really that
identifies you in most cases asa real estate professional.
(10:32):
But if you're classified as areal estate professional and you
may know this, meaning to sayif you're a real estate
professional you most likelyknow that you are okay because
you're taking all thosedepreciation losses and rental
losses on your taxes and youmight want to check if you have
a rental income from any of thebusinesses.
You might want to check if youhave a rental income from any of
the businesses, are you payingan extra 3.8% tax?
(10:52):
If yes, that's another thingthat has to be changed on your
tax return.
So really it's a huge, huge taxthat could be latched on your
tax return without you knowingit.
Now let's talk about how you canaudit your tax return.
First of all, you've got to askyourself which one of these
incomes do I have, right, do Ihave investment, rental income,
which I'm not a real estateprofessional, or do I have other
(11:13):
passive businesses?
Also ask yourself, hey, do Ihave an S-corporation, llc,
self-rental, short-term, or am Ia real estate professional?
Any of these right here, and ifyou are over the threshold of
this income right here whichmajority of business owners are
(11:37):
right, especially like meritfiling joint over $250,000, you
definitely have this tax on yourtaxes earn if you have some
sort of an investment income andthen it could be triggering and
latching on on other activitiesthat you do not qualify on to
pay this tax on.
So ask yourself, where am I onthis chart right here?
Where am I on this chart righthere?
Second of all, check if you haveForm 8960.
Form 8960 is IRS form where the3.8% tax is being calculated on
(11:57):
the income that's not supposedto be there, such as your
S-Corporation, for example.
If your S-Corporation is anactive business, question your
accountant If you know yourincome is over these thresholds
and you see Form 8960 or you'rein any one of these sections
right here.
Definitely ask your accountant.
(12:18):
Hey, let me ask you how muchdid I pay in net investment
income tax of 3.8%?
Please let me know.
And what did I pay it exactlyon?
Ask your accountant and amendyour tax return.
And what did I pay it exactlyon?
Ask your accountant and amendyour tax return If you find out
that you actually paid this taxon the income that you're not
supposed to pay.
You can amend three years' worthof tax returns and request
(12:39):
money back from the IRS.
Your accountant should be ableto do that, but I would really
recommend if your accountant hasmade this mistake, made you pay
an extra 3.8% in unnecessarytax, at this point, I would tell
get yourself a tax advisor.
I strongly recommend.
If you're a profitable businessowner and you want to start
paying less in taxes, you've gotto stop working with somebody
(13:01):
who you're meeting only once ayear, sending them documents to
prepare your tax return, to putthe right numbers in the right
box.
It doesn't matter who it is aCPA or EA.
It doesn't matter if thatperson is just a preparer.
What you need is to getyourself a tax advisor, somebody
that specializes in taxstrategy and helping you pay
(13:21):
less in taxes by really catchingthings like this.
Thank you so much, until thenext time.
Speaker 2 (13:26):
That's it for today's episode.
Be sure to check out thedescription below for some free
tax reduction resources thatBoris put together for you.
If you're ready to work with atax advisor on your tax planning
, be sure to schedule your callby heading over to
wwwtaxplanningcallcom.
That's wwwtaxplanningcallcom.
And be sure to subscribe to ourpodcast to be notified when the
(13:47):
next strategy is released.
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