Oregonian wrote:
but CEO pay taxes on their income. So if a corporation didnt pay taxes and gave the CEO a big check. That check is taxed. Right or am I wrong?
tycobb is pointing out that the corporation could pay expenses on behalf of the CEO rather than salary that the CEO then uses to pay his/her expenses. in some cases this could work under existing law, and in some cases it is done now.
there are a number of good reasons why corporations should pay taxes. tax rates and specific rules are a different matter entirely.
corporations are legal entities that are separate from their owners. they have separate legal liability (an owner of a corporation that sells defective, dangerous products is usually not liable legally for the corporation's actions). they own property separately from their owners (a shareholder in a corporation cannot force the corporation to distribute a piece of property or an amount of cash to him/her - assuming that shareholder lacks control of the corporation).
so for these reasons, the legal fiction that a corporation is a separate person seems reasonable in the tax context and a separate tax makes sense.
it also makes sense as a means of preventing rampant evasion of the individual income tax. if you allowed corporations to have no tax liability, but retained the rules that do not require shareholders to recognize income from a corporation until the corporation pays a dividend, then well advised taxpayers could set up corporations that would hold all of their active and passive investments. and independent contractors would have their wage income paid via a corporation.
if you're still following, this means indefinite deferral of income for anyone that chose to route income (investment or wage) via a corporation.
now this result could be changed by requiring all corporations to be taxed as partnerships currently are taxed. if could also be changed in a more complex way by continuing to tax corporations but allowing a tax credit for the corporate level tax when corporations pay dividends to shareholders.
the former would not be workable for publicly traded corporations. it would simply not be possible to determine the proper allocable share of income for potentially millions of shareholders in a given year, some of whom may have owned shares for less than a day.
the latter is more possible, but it wouldn't work for tax exempt shareholders (think pension funds or retirement accounts) or many foreign shareholders.
finally, also remember that most small businesses do not pay a corporate level tax. instead, they are organized as partnerships, "S corps", or LLCs.