calculatethe tax disadvantage to organizing a


Calculatethe tax disadvantage to organizing a U.S. business today, after passage of the Jobs and growth Tax relief reconciliation act of 2003, as a corporation versus a partnership under the following conditions. Assume that all earnings will be paid out as cash dividends. Operating income will be $500,000 per year under either organizational form; the effective corporate profits tax rate is 35 percent (T = 0.35); the average personal tax rate for the partners of the business is also 35 percent (T = 0.35); and the capital gains tax rate on dividend income is 15 percent (T = 0.15). Then, recalculate the tax disadvantage using the same income but with the maximum tax rates that existed before 2003. These rates were 35 percent (T=0.35) on corporate profits and 38.6 percent (T=0.386) on personal investment income.

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