The S corp sold the assets subject to the liabilities which included the stockholders loans of $353K in 2007. No cash received.
The purchaser has defaulted on the buyout (in 2009) and the stockholders received app $20K each in 2008.
I did not prepare the S corp return but the balance sheet for the previous year reported these amounts as shareholder loans vs contributed capital. The S corp issued K-1's to the stockholders that included "Net Section 1231 Gain" of $265K each. As best as I can determine this was for assumption of the liabilities in excess of the basis of the assets. Included in liabilities was the stockholders loans of $353K. The stockholders received no cash since this was a distress sale.
In summary, I am of the opinion that the balance of the loans would be a Business bad debt and reported on Form 4797. How should this be reported on Form 4797.
Any opinions or further questions?
TIA
Originally had a problem with e-filing and was forced to manual file. Since the extension deadline is now 9/15/09 the return was late.
Client received a penalty notice $180 and I sent letter requesting abatement on 11/30/09. Yesterday the client received CP504 threatning a levy. In the meantime I had received no answer to the 11/30/09 letter. I have sent a second letter yesterday as a follow up on the original request of 11/30/09.
Any suggestions?
TIA
Agent wants to disallow principal portion of corp payment for SH auto that was used 90% for business nor any depreciation. This also resulted in a large constructive dividend to SH. The agent also informed us that we need an auto reimbursement plan between Corp and SH.
Any advice.
TIA
The property was used 68 days for business by corporate customers and company sales personnel. IRS Agent proposes taxing as constructive dividends all payments which were deducted as rent.
Are these dividends taxable as Qualified Dividends taxed at capital gains rate?
TIA
I have the same problem and called twice. They used the excuse about the holidays. I downladed from their website. The activation codes are there also. Itworked.
I recently subscribed to CPE Depot for $149 annual that includes 175 courses that is mostly online. It's great if it is approved in your state. Check it out.
However, the audit will not be complate by 9/15. Also, I expect audit adjustment for 2006,7.
The corp will have a taxable loss for 2008 so no tax due.
So my question is whether to file current year return or wait until audit is complete?
TIA
I have the same problem. The virus blocks incoming updates of antivirus software. My IT guy could not remove it at my office and will need to take it to his shop and attempt to clean it out. This is a full day job. In the meantime I will be installing a new computer since the infected one is about 5 years old.
Could someone provide me with the link to the topic about transferring client data to new computer system. I believe that there was a discussion about this in pre-season.
TIA