TAKE ADVANTAGE OF THE NEW INCENTIVE TO RETAIN CASH IN THE CORPORATION With the top individual rate now substantially above the top corporate tax rate, there is an incentive for owners of regular corporations to take less money out in salary and retain more money for the corporation to invest. Each corporation can retain up to a cumulative $250,000 in earnings without incurring a penalty. You can retain more accumulated earnings than that if the earnings are retained for the "reasonably anticipated needs" of the business. Otherwise, the corporation is hit with a penalty tax of 39.6% of the excess accumulation. The courts have found that a number of business needs justify an accumulation of earnings: business expansion, business relocation, working capital needs, shareholder buyouts, product liability reserves, new equipment reserves, loan covenant requirements, and funds for loans to suppliers or creditors. To show that corporate accumulations are reasonable, you should take certain actions: 1) Set up consistent dividend and salary policies and document the reasons for them in corporate records and minutes. 2) Document expansion and similar plans. You need something more definite than a statement of possible future needs; blueprints or some other specific plans are more helpful. Projections of future growth and associated capital needs should be generated and kept in the corporate books. Earnings accumulations are tough to justify if the corporation makes large loans to owners and their families or invests in assets or activities unrelated to the corporate business.