What Is the Best Time to Restructure your Business?

Oct 28, 2022 By Triston Martin

Covid-19 poses a novel threat to human health, the global economy, and commercial enterprises. As a result, it's not surprising that many company heads are worried about the future.

Despite this, companies are already discovering methods to restructure their organization by adjusting, diversifying, and prospering despite the current economic climate. Inventions like remote work and more widespread use of technologies in the workplace have arisen directly from demand, as the adage goes. There is no way that this adjustment won't continue until the crisis has passed.

However, there could be benefits to using this time of unpredictability to "set up and manage" your venture by business restructuring. You must reorganize in such a way as to de-risk parts of the company that are especially susceptible to economic risks or reorganize so that new items or service paths are housed within a different structure that would safeguard them in the event of a failure elsewhere in the company.

Corporations Meeting All Requirements

Your company must be structured as a pass-through organization for you to offset 20% of the QBI from your taxes.

Offset entities are the ones that come from the fact that profits from the company are distributed directly to the owner. It is not subject to corporate taxation but rather personal income taxation.

Pass-through or offset venture owners have their profitability subject to taxation at the same rates as applied to individual taxpayers. Businesses such as private individuals, alliances, Limited companies, charities, and real estate are all examples of pass-through entities. On the other hand, the income of C corporations is liable to the corporation's tax rate.

Income That Can Be Recorded

The IRS defines exceptionally qualified revenue as gross net profit, fewer capital earnings and losses, specified rewards, and interest expense. The 20% exemption only applies to state and federal government taxable income and does not include Medicare or Medicaid. Thus, it does not apply to self-employment taxation, which represents the sum of the employer and staff shares of these tax payments that company owners must pay.

The lesser of (a) the taxpayer's adjusted gross income (AGI) for the year or (b) their qualified business income (QBI) for the year is used to determine the amount of a 20% QBI reduction, commonly known as the Article 199A tax rebate following:

  • 20% of the shareholder's qualifying income from their firm, 20% of their dividend payments from qualified real estate investment trusts, and eligible earnings from publicly listed partnerships.
  • 20% of the taxable income of an individual who pays taxes, less any net gains on capital investments.

How Should the Structure of the Group Be Created?

The goal of a well-designed work group is to provide a layer of defense for the various parts of a firm, allowing its owners to focus on what they do best while shielding the cluster as a whole.

One standard structure involves a private equity firm that ultimately owns shares in many operating businesses. The trading businesses will be responsible for trade-related risks, while the investment firm will reap the rewards.

The benefit of such structures is that it becomes feasible for company owners to separate parts of their organization that are more vulnerable to bankruptcies owing to Covid-19, such as a specific product category line, into a separate corporation to safeguard the rest of their business. Fundamentally, this is about protecting stable parts of the firm when operating in an unpredictable market situation.

Making a Change to Your Company's Structure

For example, a firm earning huge incomes sells insurance and provides financial counseling, including their SSTB and non-SSTB earnings. In such cases, you may be thinking if you should restructure your business model to pay less tax.

Experts in the financial system who want to prevent being labeled as SSTBs are cautioned against attempting to rebrand themselves as anything except financial advisers, retirement counselors, or economists. They are expressly disqualified from receiving this exemption, but the IRS knows some sneaky firms may try to obtain it.

Modifications to the Business Structure

The IRS is currently investigating these firms, so any other strategies they try to avoid paying taxes would likely fail. Split and pack describe dividing a single enterprise into many entities owned by the same person to segregate SSTB revenue from non-SSTB income and qualify for the QBI discount.

According to the 80/50 principle, a "non-SSTB" will be considered to be a component of an SSTB if it meets the following criteria:

  • It has at least 50% of its possession in prevalent, including an SSTB
  • The "non-SSTB" gives at least 80% of its assets or offerings to the SSTB and meets both criteria.

If the combined shareholding of a specified service trade or business and a non-specified service trade or business is less than 50%, then the firm can avoid the 80/50 principle.

Conversion to C-Corporation

What about taking advantage of the revised 21% fixed corporate rate introduced by the Act of Tax Cuts and Jobs of 2017 by converting your offset or pass-through firm to a C firm?

The double payment of earnings when receiving dividends makes switching from an offset organization to a C corporation to take advantage of the reduced 21% tax threshold a poor financial decision.

Diminishing the Tax Burden

According to new regulations, what are the most effective ways for owners of high-income pass-through businesses to decrease their tax burden? They have several options to bring their taxable income down to levels underneath the drawdown criteria. These may include the following:

  • Increasing contributions to retirement programs, including profit sharing and specified insurance benefits, among other options.
  • Smart utilization of donated funds allows for charitable donations to be aggregated.
  • Keeping careful records of profits and losses on investments.

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