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A life-and-death scenario: Sm businesses forking over 100% profits to Uncle Sam (marketwatch.com)
4 points by mjwhansen on Feb 7, 2024 | hide | past | favorite | 2 comments


TL;DR:

  The tax change that Hansen and other software executives are taking issue with was signed into law by then-President Donald Trump in 2017, as part of a larger tax-code overhaul that slashed the top corporate tax rate from 35% to 21%.


There's a bit more to it than that.

As a way to make those tax cuts appear paid for, they changed how R&D expenditures -- which includes software development on software that has ALREADY been commercialized -- has to be amortized.

This was a budgetary sleight-of-hand that made the tax cuts appear paid for.

Most small companies are LLCs, not Corporations, and therefore pay personal tax rates.

As a result, software and other tech companies now have phantom profits because their engineer salaries and other expenses are no longer deductions.

IRS guidance: https://www.irs.gov/pub/irs-drop/n-23-63.pdf




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