If the corporation distributes appreciated property, the corporation is taxed on the gain under Code § 311(b).
But that section only covers gain on distributions of appreciated property.
If the corporation has been completely liquidated - the distributions should be reported on the schedule D - you may have either a capital gain or a capital loss.
Kathy, We invested 0 to get a family business going 10 years ago. You would use Schedule D, Capital Gains and Losses, (Form 1040).
If the corporation distributes property that has depreciated (i.e., property with a built-in loss), Code § 311(b) does not apply.
Instead, the distribution is governed by the general nonrecognition rule of Code § 311(a), which prevent the corporation from recognizing loss on a transfer of depreciated property. § 302(b)(1), this test is usually used only when the safe harbors of I.
The tax consequences of distributions by an S corporation to a shareholder depend on the shareholder’s basis in the S corporation stock.
Distributions to the shareholder are not included in the shareholder’s gross income to the extent that the distribution does not exceed the shareholder’s basis in the stock.
The Internal Revenue Code uses four tests to make this distinction: To prevent gamesmanship among related parties, Congress has added another layer of rules that must be analyzed to determine if a distribution is a redemption.Liquidating distributions (so-called liquidating dividends) may be result of partial or complete liquidation of a corporation. Partial liquidating distributions are not taxable income till the extend of your cost basis in your original investment - and will reduce that basis.Only if the distribution exceeds the cost basis - you recognize a capital gain.These attribution rules provide that shares owned by a shareholder’s parents, children, and grandchildren (but not siblings) are considered to be owned by the shareholder. Similarly, shares held by corporations, trusts, and partnerships are deemed to be owned by their shareholders beneficiaries, and partners, and vice versa. As a result, shares held by these family members and entities are considered to be owned by the shareholder for purposes of determining whether the distribution qualifies as a redemption.A corporation will not recognize any gain or loss on a distribution of cash to its shareholders. But if the corporation distributes appreciated property, the corporation must recognize gain as if the property were sold to the shareholder at fair market value. Important Note: These two rules operate as a loss disallowance system.Liquidation is a taxable event for both the shareholder and the corporation. Like the “Redemptions Not Equivalent to Dividends” test of I. A corporation may liquidate by (a) paying off creditors and distributing the remaining assets in kind to the shareholders or (b) selling assets, paying off creditors, and distributing the remaining cash to the shareholders. This is done through a system of rules that track and adjust the shareholder’s stock basis.While there are some differences, the S corporation basis system is similar to the rules that apply to partnerships.You can order IRS forms and instructions by calling 800.829.3676 or visit gov.The primary difference between C corporations and S corporations is that C corporations are taxed twice on earned income: : once at the corporate level when the income is earned, and again at the shareholder level when the income is distributed.