Page 59 - NM Spring_2021
P. 59

discuss forming an S-Corp. for the
                                                                                  racing operation with a qualified
                                                                                  business attorney and your CPA.
                                                                                  Your existing business would pay
                                                                                  sponsorship fees to the S Corp. to
                                                                                  cover racing expenses.  Usually the
                                                                                  S-Corp. would own the race car and
                                                                                  bear all the expenses.  Be aware
                                                                                  that retitling certain assets such
                                                                                  as a tow vehicle into your S-Corps.
                                                                                  name could trigger a vehicle sales
                                                                                  tax ramification.  Also be advised
        “Slingshot Jay the CPA”, Builder/Driver “The Number Cruncher” in his front engine
        alcohol-injected dragster.                                                that any business entity that shows
        Business Travel and Meals:           For federal income tax purposes,     large recurring losses year after
          If you travel out-of-town for      net Sch C profit is simply taxed at   year may draw scrutiny from the
        your racing business, here are       the taxpayer’s marginal individual   IRS.  At least with an S-Corp. in
        some basic guidelines for the tax    income tax rate.  However, an        place, some planning and control of
        treatment of travel costs:           additional 15.3% federal tax (the SE   sponsorship revenue and S-Corp.
                                             or self-employment tax) is levied on   net profits may be possible.
          1. You must be away from home      Sch C net profit.
            for substantially longer than a                                       C Corporations
            normal workday and therefore     Limited Liability                      C-corporations are not pass-
            require sleep or rest to meet    Company (LLC)                        through entities.  They incur their
            the demands of your work.          LLC’s are “passthrough entities”   own level of federal income tax
                                             for federal income tax purposes,     on net profits.  Although they are
          2. Travel expenses which are       which means that no federal income   generally reserved for larger private
            “ordinary and necessary”         tax is levied on the LLC.  LLC’s     and publicly traded businesses, that
            in your line of work will be     are a popular form of business       trend has changed somewhat with
            generally allowed.  This         entity, because they provide some    the recent C-corp tax rate reduction
            includes hotel, parking, etc.                                         from 35% to 21%.  Since C-corps
                                             of the liability protection provided
          3. Meals while away from home      by corporations, along with the      are not subject to the hobby loss
            are generally 50% deductible, as   passthrough tax treatment and      profitability rules and presumptions,
            long as they are not “lavish or   flexibility of partnerships.  Forming   this entity form may become a more
            extraordinary”.                  an LLC often requires preparation    popular choice for smaller racers
                                             of additional annual federal and/    and race teams.
          4. Entertainment expenses are      or state business tax returns and
            a non-deductible business        payments.  Forming an LLC with
            expense.  Do not list anything   more than a single member often      Disclaimer:  No Rendering of
            on your return that sounds       complicates tax preparation costs    Professional Income Tax, Legal, or
            entertainment related.           significantly because generally, a   Insurance Advice
                                                                                  The information contained in this article
                                             federal Form 1065 Partnership tax
        Basic Primer for Business                                                 is provided for general informational
        Entity Choice and Income             return will be required.  Therefore,   purposes only.  It is not intended to
        Tax Treatment:                       a single member LLC generally        provide, and should not be relied on
                                             requires significantly less federal   for, professional income tax, legal or
        Sole Proprietorship (Sch C           income tax compliance work.          insurance advice.  No guarantees of
        Profit or Loss from Business)                                             results or accuracy of information is
          The sole proprietorship is by far   S Corporations                      intended.  No information in this article
        the simplest business form to adopt.    Racers who have an existing       may be used for improperly avoiding U.S.
                                             business to promote may want to      income tax and/or penalties.

        SPRING 2021                               Nitro Madness Magazine                                          59
   54   55   56   57   58   59   60   61   62   63   64