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Glossary/Excess passive investment income tax

What is Excess passive investment income tax?

In short

An S corporation with earnings and profits from its C corporation years pays corporate-level tax, at 21%, on excess net passive income when its passive investment income is more than 25% of gross receipts.

Key takeaways

  • Passive investment income includes royalties, rents, dividends, interest and annuities.
  • Exceeding the 25% limit for three consecutive years ends the S election.
  • Distributing the old earnings and profits removes the exposure.

Where it's tested

REG: S Corporation Taxation — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

Which of the following would immediately terminate a corporation's S election?

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