What are Shareholder Loan Tax Tips?

Owners occasionally take out loans against their companies. For instance, you might require a loan for your child’s education expenses or a down payment on a vacation house. A shareholder loan might be a practical and affordable alternative if your firm has excess cash, but it is crucial to handle the transaction as a legitimate loan. The IRS may assert that the shareholder received a loan rather than a loan-related deduction or payment if you don’t. Below listed are the shareholder loan tax tips:

Who are the specified persons?

A specified person is a corporation’s shareholder. This person does not do business with the shareholder impartially, often a related person, a partner in a partnership that owns stock in the corporation, or a trust beneficiary. You should have explicit knowledge about what is a shareholder loan. 

What are specified corporations?

A specified corporation is a company in which a person directly owns stock, a company connected to such a company or a partnership in which the company or related to the company which has a membership. By knowing about what is a shareholder loan, you can be highly benefited. 

Below market loans:

The IRS requires your business to impute interest under the below-market interest regulations if it lends money to an owner at a lower rate than the AFR. These calculations could be complex.  The amount of additional imputed interest above what the company currently charges the shareholder varies depending on when the loan was established and whether it is a demand or term loan. The IRS can contend that the loan should be categorized as a dividend or additional remuneration. The business may write off the latter, but payroll taxes will apply.

S corporation loans:

Loans to shareholders of S-Corporations should be handled carefully. The IRS could reclassify the loan as a shareholder distribution if there is no proof that it is a loan. This could be interpreted as a distribution that does not adhere to ownership percentages, a requirement for S-corps with many shareholders. A blown S election could result in the S-corp. It is being reclassified as a C-Corporation, which could have severe tax repercussions.

Good faith arrangement:

Except for the one-year payback exception, the exceptions require a good faith agreement to repay the loan within a reasonable amount of time, proper documentation such as a corporate resolution, and consideration of current practice. Unless the entire loan is included in income, presumed interest at the prescribed rate is waived, and the loan does not have to bear interest or be secured. 

Instead, if interest is not levied and paid, a taxable benefit is calculated at a given rate and included in the debtor’s income. Non-shareholder employees are entitled to comparable perks, and individuals in equal employment with similar businesses that are eligible for equivalent loans.

Final thoughts:

A shareholder loan could be an intelligent tax-planning choice in the right situations. The deduction can be taken against income taxed at higher rates if the loan is repaid in a year with higher earnings, resulting in long-term tax savings. You should have explicit knowledge about the shareholders before getting a loan. 

Hot Topics

Related Articles