What is the double tax trap?

Asked by: Frank Funk IV  |  Last update: November 20, 2025
Score: 4.8/5 (45 votes)

Double taxation occurs when taxes are levied twice on a single source of income. Often, this happens when dividends are taxed. Like individuals, corporations pay taxes on annual earnings. If these corporations later pay out dividends to shareholders, those shareholders may have to pay income tax on them.

What is an example of a double tax?

For example, when capital gains accrue from stock holdings, they represent a second layer of tax, as corporate earnings are already subject to corporate income taxes. Additionally, the estate tax creates a double tax on an individual's income and the transfer of that income to heirs upon death.

How to avoid double taxes in ESPP?

To avoid double taxation on your ESPP, keep careful records of your purchases and sales. The discount you receive is taxed as ordinary income, while any additional gain is taxed as a capital gain. By accurately reporting both on your tax return, you can ensure you're not paying taxes twice on the same income.

What is the double taxation in the US?

Yes, it is possible to be taxed on the same income in two states, particularly if you earn income in one state but reside in another. However, most states offer tax credits for taxes paid to other states, which can help mitigate the impact of being taxed twice on the same income.

What is the double taxation problem?

Most commonly, double taxation happens when a company earns a profit in the form of dividends. The company pays the taxes on its annual profits first. Then, after the company pays its dividends to shareholders, shareholders pay a second tax.

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23 related questions found

Do US citizens pay double taxes?

The US is one of the few countries in the world that taxes citizens regardless of where they live and work. Because of this, when a US citizen moves to another country with an income tax, they will have to report their income to both governments and face double taxation. This applies to “accidental Americans” as well.

How to avoid being double taxed?

To avoid double taxation, one option is to structure the business as a “flow-through” or “pass-through” entity. In this setup, profits bypass corporate taxation and go directly to the business owners.

What tax form to avoid double taxation?

Taxpayers complete an IRS Form 8833, “Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b),” when they wish to reduce their tax liability based on provisions of a tax treaty between the U.S. and another nation.

Do capital gains get taxed twice?

The taxation of capital gains places a double tax on corporate income. Before shareholders face taxes, the business first faces the corporate income tax.

How much foreign income is tax free?

The maximum foreign earned income exclusion amount is adjusted annually for inflation. For tax year 2023, the maximum foreign earned income exclusion is the lesser of the foreign income earned or $120,000 per qualifying person. For tax year 2024, the maximum exclusion is $126,500 per person.

How can we stop double taxation?

There are various ways to mitigate corporate double taxation, such as legislation, structuring an organization into a sole proprietorship, parentship, or LLC, avoiding the payment of dividends, and shareholders becoming employees of the businesses they own.

What is the 2 year rule for ESPP?

If you hold the shares for at least two years from the grant date and one year from the purchase date, you'll benefit from long-term capital gains rates. Conversely, if you need the money sooner, you can sell right away, although you will likely pay higher taxes.

Can you be taxed twice on the same money?

Double taxation refers to income tax being paid twice on the same source of income. This can occur when income is taxed at both the corporate and personal level, as in the case of stock dividends. Double taxation also refers to the same income being taxed by two countries.

How can US expats avoid double taxation?

The Foreign Earned Income Exclusion, or FEIE, is also known as Form 2555 by the IRS. This expat benefit allows you to avoid double taxation by excluding up to a certain amount of foreign earned income from your US taxes. In 2025, for the 2024 tax year, you can exclude up to $126,500 of foreign earned income.

Which corporations are double taxed?

C-corporations pay entity-level tax on their income, and their shareholders pay tax again when the income is distributed.

Why is tax evasion illegal?

Tax evasion is the use of illegal means to avoid paying taxes . Typically, tax evasion schemes involve an individual or corporation misrepresenting their income to the Internal Revenue Service .

Why is double taxation bad?

Opponents of double taxation on corporate earnings contend that the practice is both unfair and inefficient, since it treats corporate income differently than other forms of income and encourages companies to finance themselves with debt, which is tax deductible, and to retain profits rather than pass them on to ...

Are you taxed twice on reinvested dividends?

The IRS considers any dividends you receive as taxable income, whether you reinvest them or not. When you reinvest dividends, for tax purposes you are essentially receiving the dividend and then using it to purchase more shares.

Do you pay both capital gains and income tax on stocks?

If you sell stocks for a profit, your earnings are known as capital gains and are subject to capital gains tax. Generally, any profit you make on the sale of an asset is taxable at either 0%, 15% or 20% if you held the shares for more than a year, or at your ordinary tax rate if you held the shares for a year or less.

What 2 forms are no longer used in tax returns?

Internal Revenue Service. "All Taxpayers Will File Using 2018 Form 1040; Forms 1040-A and 1040-EZ No Longer Available."

Why is social security taxed twice?

“This is simply a way for Congress to obtain more revenue for the federal government at the expense of seniors who have already paid into Social Security.

What is the high tax kick out rule?

Here's how the high tax kickout works: If the foreign tax rate on a particular item of income exceeds 250% of the U.S. tax rate on the same income, the excess foreign taxes paid are not eligible for the FTC. This ensures that taxpayers do not receive an excessive credit for foreign taxes paid.

What are the ways to eliminate double taxation?

How to Avoid Double Taxation
  • Retaining corporate earnings. You can avoid double taxation by keeping profits in the business rather than distributing it to shareholders as dividends. ...
  • Pay salaries instead of dividends. You can distribute profit as salaries or bonuses instead of as dividends. ...
  • Split income.

What is the 1202 section?

Section 1202 was added by section 13113 of OBRA '93. Section 1202 allows a taxpayer (other than a corporation) to exclude 50 percent of certain gain from the sale of qualified small business stock held for more than 5 years.

How do C Corp owners get paid?

There is generally one way to pay yourself from your C corp: as an employee. More specifically, if you're involved in the day-to-day operations of running your C corp, then you're considered a W-2 employee. Therefore, you will receive compensation via a W-2 that will also be subject to payroll taxes.