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The amount of shareholder losses related to an S corporation that can be deducted are limited in a
number of ways.
Unused losses due to inadequate basis carry forward indefinitely until either the adjusted basis of the
stock increases or the S election is revoked.
Later increases in basis (created, for example, by S corporation income or shareholder contributions of
capital) must first be used to restore debt basis up to its original amount. Once debt basis is restored,
stock basis can begin to be restored.
Example: Elijah owned 100% of an S corporation. At the beginning of the year, his adjusted basis in the S
corporation was $25,000. During the year, the S corporation had $1,000 of ordinary income, a $3,000
long-term capital loss, and distributed $30,000 in cash to Elijah. What amount of this $30,000
distribution is taxable to Elijah?
Hint: A shareholder cannot deduct a share of the ordinary loss on their individual tax return, unless it
has basis before deduction the share of the ordinary loss. In other words, the loss that is deductible on
Form 1040 is limited to the adjusted basis, before the loss deduction. Any ordinary loss that was not
deductible on Form 1040 can be carried forward indefinitely or, until the taxpayer gets basis.
REG 5.64
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