Last year, NC State legislators passed an important law, The
Appropriations Act of 2011, which affects many small business owners in North
Carolina. This new law allows most small business owners a substantial
deduction, up to $50,000 (or if married up to $100,000, see below) on their
personal income tax returns. Per the State of North Carolina, this
temporary change in the law would affect at least 250,000 small businesses in
the state and is intended to stimulate hiring and provide incentive for
growth. Further, North Carolina legislators dropped from the bill an
income limitation on how it defines small businesses for this deduction.
Since there is no limit to the size of the business, the following small
businesses may qualify for this deduction:
• Schedule C – Sole Proprietorships
• Schedule E – Partnerships and S-Corporations
• Schedule F – Farming
In analyzing this tax deduction for small businesses, North Carolina enacted one rule that could limit some taxpayers. The small business income exclusion does not include income that is considered passive income under current IRS regulations. The taxpayer must actively manage the business in order to obtain the income exclusion on their personal income tax filing.
Married taxpayers with two business incomes could receive up
to a maximum $100,000 deduction under the revised and temporary North Carolina
laws ($50,000 deduction each). For example, both husband and wife
own 50% of Partnership Z, LLC and are active participants in the
business. Partnership Z, LLC reports $125,000 taxable income or $62,500
to each member at the end of 2012. After reducing their income by $50,000
each, husband and wife would only have to pay tax on $12,500 of Partnership Z
income on their North Carolina income tax return for a total of $25,000 of
taxable income instead of the full $125,000.• Schedule E – Partnerships and S-Corporations
• Schedule F – Farming
In analyzing this tax deduction for small businesses, North Carolina enacted one rule that could limit some taxpayers. The small business income exclusion does not include income that is considered passive income under current IRS regulations. The taxpayer must actively manage the business in order to obtain the income exclusion on their personal income tax filing.
Using the 2011 NC income tax rates, they could save up to
$7,750 in NC taxes. It is important to note that there are many
factors to take into account when planning for this income tax deduction like
guaranteed payments, personal W-2 wages from S-Corp income, and bonus
depreciation. While this new law does not impact your 2011 taxes
directly, planning does need to occur in order to maximize the deduction going
forward. Call our office to see how we can assist you make the most
of your tax situation with this and many other changes in tax law for 2012 and
beyond.