EA Part 2-Passkey 15 Corp. Distributions Flashcards
The most common kinds of corporate distributions are:
- ordinary dividends (in cash or property)
- capital gain distributions
- nondividend distributions
- distributions of stock or stock rights
The FMV of distributed property becomes the shareholder’s __
basis in the property.
A corp. must send Forms 1099-DIV to the IRS along with Form __
Form 1096 Annual Summary and Transmittal of U.S. Information Returns, by Feb. 28 or Mar. 31 if filing electronically.
Distributions of a C corp. are deducted first from current E&P, and then from any __
accumulated E&P from prior years. Any from current-year or accum. E&P are reported as dividend income to the shareholder.
Corporate distributions in excess of E&P are nontaxable to the shareholder __
to the extent of the SH’s stock basis.
These transactions INCREASE the amount of E&P:
- long-term contracts reported on the completed contract method
- intangible drilling costs deducted currently
- mine exploration & development costs deducted currently.
- dividends-received deduction
These transactions REDUCE the amount of E&P:
- corp. federal income taxes
- life ins. policy premiums on a corp. officer
- excess charitable contribution (over 10% limit)
- expenses relating to tax-exempt income
- excess of cpaital losses over capital gains
- corporate dividends & other distributions
A nondividend distribution is not taxable to a SH until his basis in stock _-
is fully recovered. It’s considered to be a return of capital. Excess is treated as a gain from the sale of ppt and is taxable as capital gain.
Form 5452 Corporate Report of Nondividend Distributions
how corp. reports nondividend distributions to IRS
Stock rights or stock options maybe be distributed by a corp. to some or all of its SHs to allow them to __
purchases additional shares at a set price. Generally tax-free to SHs and not deductible by the corp.
A “Constructive distribution” may occur when a corp. confers a benefit upon a SH. A transaction may be initially __
recorded by the corp. as an expense, but the IRS re-categorizes it. That makes it nondeductible to the corp. and taxable to the SH.
Examples of “Constructive distribution” that are taxable to SH’s are:
- unreasonable compensation
- unreasonable rents
- cancellation of a SH’s debt
- ppt transfers for less than FMV
- below market or interest-free loans
Property distribution by corp. to SH is treated as a sale, and the C or S corp. recognizes gain if the __
FMV of ppt is more than its adjusted basis. Corp. may have to treat all or portion of the gain as ordinary income if there is depreciation recapture.
A stock redemption occurs when a corp. buys back its own stock from a SH __
in exchange for cash or ppt.
SH must treat amount realized on a stock redemption as either a __
dividend or sale of stock.