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  #3  
Old 11-04-2005, 04:09 AM
JMc
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Default Re: s corp distribution

- quote -

> > My s corp has 3 shareholders and I was writing out 2005
> > profit distribution. each of my shareholders have an equal
> > proporttion of the company, however in july, i only wrote
> > the check for 2 of the shareholders and on october (this
> > month) i wrote another check for half this amount and
> > another check for half this amount so now we are even. Will
> > i get fined or anything for doing this since i didn't
> > distribute my s corp profits at the same time equally to
> > everyone?


> Not by the IRS for sure. Each shareholder runs a balance
> on the books, and each is taxable on share of profits
> regardless of whether or not money is withdrawn.


I think this is a second class of stock issue on the corp
side. On the shareholder/individual side, you have no
problems. However, if the S corporation didn't have
pro-rata distributions, the IRS would look at it as if there
were more than one class of stock, and revoke the S
election. The corporation would then be taxed as a C
corporation and you would have to wait 5 years to re-elect S
status. You are only allowed to have one class of stock to
qualify as an S corporation. I believe as long as everyone
received a pro-rata distribution for the entire year by the
last day of the year, everything is ok.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #2  
Old 11-04-2005, 03:31 AM
cballard@tyyni.net
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Default Re: s corp distribution

Harlan Lunsford wrote:
- quote -

> pharmamedical[at]gmail.com wrote:

> > My s corp has 3 shareholders and I was writing out 2005
> > profit distribution. each of my shareholders have an equal
> > proporttion of the company, however in july, i only wrote
> > the check for 2 of the shareholders and on october (this
> > month) i wrote another check for half this amount and
> > another check for half this amount so now we are even. Will
> > i get fined or anything for doing this since i didn't
> > distribute my s corp profits at the same time equally to
> > everyone?


> Not by the IRS for sure. Each shareholder runs a balance
> on the books, and each is taxable on share of profits
> regardless of whether or not money is withdrawn.


Just to follow up a bit here. I believe the previous
posters are correct that you are not running into any tax
problems here. There is more to the world than taxes,
however.

When you are making a distribution to the shareholders of an
S Corporation, you are technically declaring a dividend
under your state's business corporation law. You should
check the provisions of that law to see what requirements
there might be. You may need a resolution by the board of
directors, there could be a requirement that all of the
distributions be paid at the same time, there is almost
certainly a requirement that paying the dividend is only
permitted if it does not cause the corporation to become
insolvent or unable to meet its creditor obligations.

--Chris Ballard

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #1  
Old 11-03-2005, 02:31 AM
JMc
Guest
 
Posts: n/a
Default Re: s corp distribution

- quote -

> My s corp has 3 shareholders and I was writing out 2005
> profit distribution. each of my shareholders have an equal
> proporttion of the company, however in july, i only wrote
> the check for 2 of the shareholders and on october (this
> month) i wrote another check for half this amount and
> another check for half this amount so now we are even. Will
> i get fined or anything for doing this since i didn't
> distribute my s corp profits at the same time equally to
> everyone?


I believe as long as everyone received a pro-rata
distribution for the entire year by the last day of the
year, everything is ok.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 
Old 11-03-2005, 02:31 AM
Harlan Lunsford
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Posts: n/a
Default Re: s corp distribution

pharmamedical[at]gmail.com wrote:

- quote -

> My s corp has 3 shareholders and I was writing out 2005
> profit distribution. each of my shareholders have an equal
> proporttion of the company, however in july, i only wrote
> the check for 2 of the shareholders and on october (this
> month) i wrote another check for half this amount and
> another check for half this amount so now we are even. Will
> i get fined or anything for doing this since i didn't
> distribute my s corp profits at the same time equally to
> everyone?


Not by the IRS for sure. Each shareholder runs a balance
on the books, and each is taxable on share of profits
regardless of whether or not money is withdrawn.

ChEAr$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 10-31-2005, 09:30 AM
pharmamedical@gmail.com
Guest
 
Posts: n/a
Default s corp distribution

My s corp has 3 shareholders and I was writing out 2005
profit distribution. each of my shareholders have an equal
proporttion of the company, however in july, i only wrote
the check for 2 of the shareholders and on october (this
month) i wrote another check for half this amount and
another check for half this amount so now we are even. Will
i get fined or anything for doing this since i didn't
distribute my s corp profits at the same time equally to
everyone?

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 

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