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Q:
My question is, if the restaurant t/o is not very high (taxable profit is expected $50,000 a year), in this case, is it necessary to register a company? It seems to manager under company's name has a higher ongoing expenses (i.e. 30% tax while individual's income, the first 6k is free of tax etc), however, does the tax deduction range (可抵税的项目) is more than the business base on partnership?
Thank you very much and I look forward to your advice.
Ans:
running via a company will not has any adverse consequences for you, the 30% tax rate is applied on company's net taxable profit. i assume when you say that that the taxable profit is $50000 a year, you are talking about $50000 before paying yourself a salary. in this case, the first thing people do is to clear the profit via wages. leaving the company will nil profit therefore no tax to pay.
tax deduction does not depend on whether you run via a company or partnership, alot of people mistakenly think that running via a company will give them higher deduction. This is not true, the tax law re deductions has little to do with your trading vehicle. in the case of a restaurant making a profit of $50000. the benefit a company can bring to you is simply asset protection, guarding you from unexpected lawsuits.
People have different level of risk averseness, some people think they are invincible, free from all risks. therefore they may think company is a waste of money, as it does not provide them with ANY significant tax advantage for a 50k profit business, however, the compliance cost/accounting fees for a company is higher than that of a partnership.
As accountants, we are generally more conservative, therefore we tend to suggest company or company & trust for restaurant businesses more for the reasons of asset protection. |
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