Duluth/Gwinnett/Atlanta CPA Advises Atlanta S Corporation Owners on Deducting Tax Losses
Tuesday, March 30th, 2010Duluth/Gwinnett/Atlanta CPA Advises Atlanta S Corporation Owners on Deducting Tax Losses
Although there is no income tax paid by as S Corporation when the annual tax return is filed to the IRS. However, as a part of the corporate return which is prepared, a Form 1120S, there is an attached schedule which shows each owners respective ownership percentage and via a Form K-1 for which each shareholder should reflect on their personal return. K-1 profits, losses, and shareholder distributions are all required by tax law to be issued based upon the each shareholders ownership percentage. In order for losses to be deductible a shareholder has to have a positive tax basis, which is a component of past profits, losses, and loans to and from the business. If a shareholder has no basis to cover losses reported on a K-1, they are by tax law considered to be “suspended losses” and can be rolled forward to future years when the shareholder has positive basis, which can be created by future years profits or the shareholder loaning money to the business. Below is a sample letter we might send a client to ensure that to the extent legally possible, that tax basis is maintained in an S Corporation in order to take S Corporation losses:
Got the information you forwarded for your personal return and have already gotten started. Just wanted to confirm my understanding that the $50,000 Credit Line on the company books was done in the company name, rather in your name personally. Please advise/confirm. In the future if you have to get a loan to fund any business needs, if possible, get the loan in your name personally and then have you loan the monies to the business. That way you will have tax basis in the company that will allow us to deduct the losses as reflected on our 2009 K-1 and will not have to roll them forward to 2010/future year returns.
S Corporation owner’s should report the K-1 profit, which is based upon their share of the business and not the amount of their shareholder distributions. This is a common misnomer about S Corporations and often leads to confusion for the new business owner. To that end it is best to remember that you pay taxes on the profits when you make them and not when you take them. For example generally speaking if your business nets $100,000 and you are the sole owner, you will pay taxes on $100,0000 whether you take zero dollar of shareholder distributions, a $100,000 or any number in between. Thus if you were to have a $100,000 profit in any given year and take no distributions then you would be able, absent any other issues, to take shareholder distributions in subsequent years with no additional tax responsibility as these monies would have already been taxed.
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