In a hearing last Tuesday, U.S. Treasury Secretary Timothy Geithner made some suggestions on corporate tax reform that made many small business owners squirm. He suggested that the entire concept of the “pass through” business entity needed to be revisited[1]. “Congress has to revisit this basic question about whether it makes sense to allow certain businesses to choose whether they are treated as corporations for tax purposes or not,” said Geithner during his oral testimony. Currently, about three-quarters of all the small businesses in the country use a pass-through tax structure, which allows business income to flow through to the business entity’s owners rather than being taxed on a corporate level. The original intent was to avoid double taxation.

S corporations and limited liability corporations (LLCs) are the most common types of pass-through corporation. Tax experts are predicting that even if tax expenditures and tax loopholes are eliminated, overall rates on C corporations – which are taxed on a corporate level – will not be reduced significantly without either the implementation of higher individual tax rates or by forcing pass-throughs to become C corporations. These types of reforms are necessary, many believe, in order to keep business in the country. However, the options are bleak. Neil Weber, RSM McGladrey tax specialist, predicts that changing S corporation regulations will “wreak havoc in tax planning.”

Do you think that tax reform is necessary? If so, is this the right type of reform?

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[1] http://www.investmentnews.com/article/20110301/FREE/110309982/-1/INDaily01&dailycount=1&issuedate=20110301