Entities Flashcards
Corporation NOL rules
Before 2018: back 2, forward 20
2018-2020: back 5, forward indef.
After 2020: not back, forward indef.
NOL limitation for Corps starting in 2018
can only offset 80% of taxable income
Corporations capitol loss rule
Can only offset capital losses to extent of capital gains - excess can go back three and forward five
Formation of a corp
No gain or loss recognized
Corps basis in property contributed for formation of C Corp
greater of the shareholders basis in the property or the debt assumed - shareholders adjusted basis in property
Shareholders Basis in stock in formation of C Corp
total cash contributed plus adjusted basis of property transferred (reduced by any debt) plus the FMV of any services provided plus any gain recognized
Distributions from corporations
treated as dividends to extent of current EP and accum. EP - excess is capital gain (dividend amount is cash received or FMV)
Distribution of appreciated property
Corp recognizes a gain as if property has been sold (FMV of property - adjusted basis)
Stock redemption for c corp
when a corp buys back stock from shareholders - if it qualifies for sales or exchange treatment, then gain or loss is rec by shareholder. If NOT, treated as dividend to extent of EP
Corporate Liquidation - Corp sells assets and dist cash to shareholders (Corp side)
recognizes gain or loss on sale of assets
Corporate Liquidation - Corp sells assets and dist cash to shareholders (shareholder side)
recognize gain or loss (proceeds - stock basis)
Corporate Liquidation - Corp distributes assets to shareholders (corp side)
recognize gain or loss as if sold at FMV (FMV - basis)
Corporate Liquidation - Corp distributes assets to shareholders (shareholder side)
recognize gain or loss of FMV - stock basis
Any corp with greater than $500 tax liability owe in 4 estimated taxes - equal in 25% of annual required payment in lowest of:
100% of current year liability or 100% of tax liability from prior year
Property Contributions to S Corps
nontaxable if it is a contribution of property, solely in exchange for stock, and after the transfer shareholder has control of corp of 80%
three taxes imposed on S corp if previously taxed as C Corp
LIFO recapture tax, built in gains tax, and tax on passive investment income
limiations on pass through of losses
tax basis, at risk, passive activity loss, and excess business loss
nonliquidating property dist for S Corps
uses the FMV of property at date of distribution - S Corp recognizes a gain not a loss and is flowed through to individuals.. S Corp AAA is reduced by the FMV of property distributed
liquidation of S corp (same as C corp)
corp recognizes gain or loss as if sold at FMV
distributions from an S corp in complete liquidation for shareholders
treated as payments in exchange to stock -