The formulas
- Excess net passive income = net passive income x (passive income - 25% x gross receipts) / passive income
- Net passive income = passive investment income - directly connected deductions
- Capped at taxable income; tax = 21% x excess net passive income
- Applies only with accumulated earnings and profits at year end
How it works
An S corporation that has accumulated earnings and profits from C corporation years and whose passive investment income is over 25 percent of gross receipts pays tax at the highest corporate rate on the excess net passive income. The excess net passive income is the share of net passive income that sits above the 25 percent line.
The amount cannot exceed taxable income computed without certain deductions, including the NOL deduction, and no credits offset the tax except the section 34 credit. The Secretary can waive the tax if the corporation in good faith believed it had no accumulated earnings and profits and distributed them within a reasonable time.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Which income is passive investment income?
Section 1375 relies on the definition in the S corporation rules. Classify your income under that definition before entering it.
What if there are no accumulated earnings and profits?
No section 1375 tax applies.
Can the tax be waived?
Section 1375(d) lets the Secretary waive it for good faith mistakes about accumulated earnings and profits.
Sources
- 26 U.S.C. 1375, Tax imposed when passive investment income of corporation having accumulated earnings and profits exceeds 25 percent of gross receipts, Legal Information Institute
- 26 U.S.C. 11, Tax imposed, Legal Information Institute
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