Ch 18 Flashcards
Ch 18 Corp Taxation: Non Liquidating Distributions
A C Corp can distribute its after-tax profits to its shareholders in the form of…
1) Dividend
2) Stock Redemption
3) Partial Liquidation
Dividend
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
Stock Redemption
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
Partial Liquidation
a distribution made by a corporation to shareholders that results from a contraction of the corporation’s activities
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 …
Compensation (salary or bonus)
Interest
Rent
Are dividends deductible from taxable income to the corporation?
No
Are dividends included in a shareholder’s gross income?
Yes
Constructive Dividend
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
Examples of Constructive Dividends
- Unreasonable Compensation
- Shareholder use of corporate assets without an arm’s length payment
- Interest payment to shareholder at excessive interest rates
- payments made by a corporation on behalf of a shareholder
When a corporation distributes property to shareholders (in their capacity as shareholders), the shareholders will characterize the distribution as either…
Dividend Income
OR
Return of Capital
Return of Capital Distribution
not considered income to share holder
but rather a reduction in the shareholder’s tax basis in the stock
If return of capital “distribution” exceeds the tax basis of the stock, how is the excess distribution (above basis) taxed?
capital gain from sale of shares
Stock Dividends
a dividend of a corporation’s own stock
Congress intended earnings and profits to be a measure of the corporation’s ________ ________ available for distribution to its shareholders.
economic earnings
Corporate E + P is divided into what 2 accounts:
Current E + P (CE+P)
Accumulated E + P (AE+P)
Distributions are designated as dividends from E + P in the following order:
Current, then Accumulated