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September 21 2017

FAQ: What Is “Assignment of Income” Under the Tax Law?

FAQs, News Letters, Tax Help

Gross income is taxed to the individual who earns it or to owner of property that generates the income. Under the so-called “assignment of income doctrine,” a taxpayer may not avoid tax by assigning the right to income to another.

Specifically, the assignment of income doctrine holds that a taxpayer who earns income from services that the taxpayer performs or property that the taxpayer owns generally cannot avoid liability for tax on that income by assigning it to another person or entity. The doctrine is frequently applied to assignments to creditors, controlled entities, family trusts and charities.

A taxpayer cannot, for tax purposes, assign income that has already accrued from property the taxpayer owns. This aspect of the assignment of income doctrine is often applied to interest, dividends, rents, royalties, and trust income. And, under the same rationale, an assignment of an interest in a lottery ticket is effective only if it occurs before the ticket is ascertained to be a winning ticket.

However, a taxpayer can shift liability for capital gains on property not yet sold by making a bona fide gift of the underlying property. In that case, the donee of a gift of securities takes the “carryover” basis of the donor.  For example, shares now valued at $50 gifted to a donee in which the donor has a tax basis of $10, would yield a taxable gain to the donee of its eventual sale price less the $10 carryover basis. The donor escapes income tax on any of the appreciation.

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Deanna Ramsey, CPA, LLC | 205 Frankfort St., Versailles, KY 40383
Copyright Deanna Ramsey, CPA, LLC 2017. All right reserved.
New Business Law

Greetings, and I hope all is well. I am reaching out to you today to ensure you are aware of certain tax laws that affect pass-through entities in the Commonwealth of Kentucky. You may elect on an annual basis to pay Kentucky income tax and expense those taxes at the entity or business level, which could provide tax savings to you on your personal tax return. Under existing law, a “pass-through entity” (PTE) includes any partnership, S corporation, limited liability company, limited liability partnership, limited partnership, or similar entity recognized by the laws of Kentucky that is not taxed for federal purposes at the entity-level, but instead passes to its owners their proportionate share of income, deductions, gains, losses, credits, and similar attributes.

 

Electing to pay Kentucky income tax at the business level is optional and must be done each tax year on KY Form 740-PTET, along with making the requisite estimated tax payments using KY Form 740-PTET-ES. The electing entity may be subject to penalties if the estimated tax payments are not made timely and correctly. An election to pay estimated payments through the business entity for a particular tax year is binding for all entity owners for the entire tax year. An election for a year is only for a single year and subsequent elections must be made each year you wish to pay Kentucky income tax at the entity level.

 

Owners of electing entities are entitled to a refundable credit against Kentucky’s individual income tax equal to 100% of their proportionate share of the tax paid by the electing entity. The entity must report to each owner the owner’s proportionate share of tax paid for the taxable year. This provision prevents double taxation at both the entity and owner levels, allowing the business to pay and expense the taxes, thereby no longer recognizing them as an Owner’s Draw.

 

We encourage you to contact us to discuss how this applies to you and to address any questions you may have about your specific tax situation, or if you require assistance with calculating your estimated tax payments. We are here to help you navigate these requirements and ensure your business remains compliant.