Ch 18 Flashcards

Ch 18 Corp Taxation: Non Liquidating Distributions

1
Q

A C Corp can distribute its after-tax profits to its shareholders in the form of…

A

1) Dividend
2) Stock Redemption
3) Partial Liquidation

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2
Q

Dividend

A

Any distribution of property made by a corporation to its shareholders out of its earnings + profits (E+P) account.

E+P prop or $ —> S/H from Corp

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3
Q

Stock Redemption

A

a property distribution made to shareholders in return for some or all of their stock in the distributing corporation that is not in partial or complete liquidation of the corporation

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4
Q

Partial Liquidation

A

a distribution made by a corporation to shareholders that results from a contraction of the corporation’s activities

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5
Q

If a shareholder serves in some other capacity in the business (eg. employee, creditor, lessor), the company may be able to distribute its before-tax profits to this person in the form of …

A

Compensation (salary or bonus)
Interest
Rent

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6
Q

Are dividends deductible from taxable income to the corporation?

A

No

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7
Q

Are dividends included in a shareholder’s gross income?

A

Yes

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8
Q

Constructive Dividend

A

a payment made by a corporation to a shareholder that is recharacterized by the IRS or courts as a dividend even though it is not characterized as such by the corpration

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9
Q

Examples of Constructive Dividends

A
  1. Unreasonable Compensation
  2. Shareholder use of corporate assets without an arm’s length payment
  3. Interest payment to shareholder at excessive interest rates
  4. payments made by a corporation on behalf of a shareholder
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10
Q

When a corporation distributes property to shareholders (in their capacity as shareholders), the shareholders will characterize the distribution as either…

A

Dividend Income
OR
Return of Capital

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11
Q

Return of Capital Distribution

A

not considered income to share holder

but rather a reduction in the shareholder’s tax basis in the stock

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12
Q

If return of capital “distribution” exceeds the tax basis of the stock, how is the excess distribution (above basis) taxed?

A

capital gain from sale of shares

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13
Q

Stock Dividends

A

a dividend of a corporation’s own stock

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14
Q

Congress intended earnings and profits to be a measure of the corporation’s ________ ________ available for distribution to its shareholders.

A

economic earnings

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15
Q

Corporate E + P is divided into what 2 accounts:

A

Current E + P (CE+P)

Accumulated E + P (AE+P)

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16
Q

Distributions are designated as dividends from E + P in the following order:

A

Current, then Accumulated

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17
Q

What happens to undistributed current E + P?

A

It is added to the balance of accumulated E + P on the first day of the next tax year

18
Q

How do distributions affect E + P?

A
  • distributions reduce E + P, but cannot produce a deficit in E + P (although E + P can have a deficit from losses)
  • a corporation can’t distribute E + P if there is a deficit in E + P
  • a corporation that makes a distribution in excess of E + p must report the distribution on Form 5452 and include in the calculation of its E + P balance to support tax treatment
19
Q

Earnings + Profits

A

economic income eligible for distribution to shareholders

20
Q

the computation of current E + P begins with

A

taxable income or loss

21
Q

corporate current E + P begins with taxable income or loss and then adjustments are made in the following categories

A
  1. certain nontaxable income is included in E + P
  2. certain deductions do not reduce E + P
  3. certain nondeductible expenses reduce E + P
  4. the timing of certain items of income and deduction is modified for E + P calculations because separate accounting methods are required for E + P purposes
22
Q

Nontaxable income included in current E + P

A
  • tax-exempt income is economic income and can be distributed to shareholders
  • thus tax-exempt income increases E + P
  • examples: tax exempt municipal interest + tax exempt life insurance proceeds

(contributions to capital do not represent income and are not included in E + P)

23
Q

Deductible expenses that do not reduce current E + P

A

deductions that require no cash outlay by the corporation or are carryovers from another tax year don’t represent current economic outflows and can’t be used to reduce E + P

eg: dividends received deduction
domestic production activities deduction
capital loss carryovers from a different tax year
net operating loss carryovers from a different tax yr

24
Q

Do deductions allowed for employee exercises of nonqualified stock options reduce E + P?

A

Yes, because the bargain element of the option reflects an economic cost to the corporation even though it does not require a cash outflow from the corporation

25
Q

Nondeductible expenses that reduce current E + P

A

items that are not deductible in computing taxable income but require a cash outflow; eg,

  • federal income taxes paid or accrued
  • expenses incurred in earning tax-exempt income
  • current year charitable contributions in excess of 10% of taxable income
  • premiums on life insurance contracts in excess of the increase in the policy’s cash surrender value
  • current-year net capital loss
  • meals and entertainment expenses disallowed
  • nondeductible lobbying expenses and political contributions
  • penalties and fines
26
Q

Items Requiring Separate Accounting Methods for E + P Purposes

A

Installment sales method
Like-kind exchange deferred gain
Organization expenditures
Depreciation

27
Q

Possible scenarios for E + P balances

A
  1. Positive current E + P, positive accumulated E + P
  2. Positive current E + P, negative accumulated E + P
  3. Negative current E + P, positive accumulated E + P
  4. Negative current E + P, negative accumulated E + P
28
Q

Order of Distributions when both CE + P and AE + P are positive, distributions exceed CE+P and shareholders ownership changes during the year

A
  • Paid from current 1st
  • If distributions exceed current E + P, amount distributed out of current E + P is allocated pro rata to all distributions made throughout year
  • Any distribution out of AE+P is allocated to recipients in chronological order in which distributions were made
29
Q

Distributions when CE+P is positive and AE+P is negative

A
  • Current 1st - treated taxable as dividends
  • Excess CE+P treated as nontaxable reductions in shareholders tax basis in stock
  • Then excess treated as gain from sale of stock
30
Q

Distributions when CE+P is negative and AE+P is positive

A
  • Prorate CE+P to distribution date and add it to the AE+P balance at the beginning of the year to get the total E+P at distribution date.
  • Excess distributions - treated as reductions in the shareholders’ tax basis in their stock
  • Excess above that - treated as a capital gain
31
Q

Distributions when both CE+P and AE+P are negative

A
  • None of the distribution is treated as a dividend
  • 1st reductions in shareholders’ tax basis in stock
  • Then capital gain
32
Q

When noncash property is received, shareholder determines the amount distributed as follows:

A

Money received
+FMV of other property received
-Liabilities assumed by s/h on property received
=Amount Distributed

33
Q

As a general rule, a shareholder’s tax basis in noncash property received as a dividend equals…

A

the property’s FMV

34
Q

Tax consequences to a corporation paying noncash property as a dividend

A
  • Losses are not recognized
  • Taxable gains are recognized on distribution to the extent that the FMV exceeds corporation’s tax basis
  • Since gain increases taxable income, it also increases E+P
35
Q

If liability is assumed by the shareholder receiving a property distribution and the liability is greater than the property’s FMV, the property’s FMV is deemed to be…

A

the amount of the liability assumed by the shareholder

36
Q

If liability is assumed by the shareholder receiving a property distribution and the liability is less than the property’s FMV, the gain recognized is…

A

the excess of the property’s FMV over its tax basis

37
Q

When a corporation distributes appreciated noncash property (FMV > income tax basis),

A

it must recognize the gain and pay income tax on the gain

38
Q

Effect on CE+P when corporation gives property to shareholder and FMV > regular income tax basis:

A
  1. If E+P basis = regular income tax basis,
    gain increases CE+P and
    taxes paid (or payable) decreases CE+P
  2. If E+P basis does not = regular income tax basis,
    gain increases CE+P by FMV over E+P basis and
    taxes paid (or payable) decreases CE+P
39
Q

When a corporation distributes appreciated noncash property (FMV < income tax basis),

A

it is not allowed to deduct the loss for taxable income tax purposes

40
Q

Effect on CE+P when corporation gives property to shareholder and FMV < regular income tax basis:

A

corporation cannot deduct the loss in determining CE+P

thus the distribution does not affect current E+P