Originally Posted by
Yossarian
No quibble at all, I like it when people think about these things (I'm a law school tax professor :~))
But you need to think bigger. Interest and wages are deductible to corporations, so that income is only taxed once. Let's say you invest $1,000 in a business conducted through a corporation and it earns $100 the first year. If you invested that $1000 in the corp as a loan at say a 10% interest rate, the corp pays you the 100 as interest but takes a deduction for the same 100. So no tax at the corp level (100 earned - 100 interest paid = no taxable income). You receive the 100 as interest and pay tax at ordinary income rates, which is say 40%, leaving you with 60. But if you funded the corp with equity, the corp pays 40 of tax on the 100 it earned and has 60 to send to you as a dividend. If you tax dividends again at 40% like some people want to, that leaves you with $36 of the original 100 of earnings. Your effective rate of tax on your share of income is 64% (it's actually higher when you factor in state taxes). This is what pushes people to invest in a corporation as debt, and why there is a whole body of tax law that tries to address this. Small business owners can also try to game things this way by paying a salary to themselves (which is again deductible) but there is the added complexity of employment taxes in that case.
Other types of businesses, limited partnerships or LLCs, typically default into a tax regime that only taxes that income once, so you keep 60 of the 100, sometimes more depending on the type of business.
There is a currently a regime, qualified dividends, that tries to lessen this disparity (i.e. the 60 after tax versus 36 that you would otherwise get from a corporation). But even with the rate lowered to 15% you still only get $48 of the original 100, less than the 60 for other payments. In a perfect world shareholders would be taxed at their ordinary rates but get a tax credit for the taxes paid by the corporation. Some European countries have done their systems this way. Alternatively you could tax the income at a corporate level and make dividends tax-free, but that has problems from a vertical equity perspective. Or you could make dividends taxable as ordinary income and but make the dividend deductible to the paying corporation. Note, we already have a system like this in place, but it only applies to a politically favored subset of corporations (REITS).