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New Member
posted Jun 5, 2019 3:59:25 PM

I have a 2 shareholder (married couple) 1120s which issued a $20,000 distribution to only one shareholder. Why does Turbo Tax issue k-1s showing $10,000 EACH?

The two married shareholders live in a community property state.

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1 Best answer
Level 15
Jun 5, 2019 3:59:35 PM

Under IRS regulations, disproportionate S Corp distributions are viewed as having a second class of stock. One of the requirements of an S corporation is that it only can have one class of stock. This, a disproportionate distribution can void your S corporation election, and potentially put you as a C corporation taxed at a corporate rate.

8 Replies
Level 15
Jun 5, 2019 3:59:26 PM

community property state.

Level 15
Jun 5, 2019 3:59:27 PM

IN what box/line on each K-1 is the distribution shown?

New Member
Jun 5, 2019 3:59:29 PM

The corporation has been an S-corp since inception, so dividend distribution do not apply.

New Member
Jun 5, 2019 3:59:30 PM

Sch K, line 16D

Level 15
Jun 5, 2019 3:59:31 PM

Not that familiar with S_Corps as I am with partnerships. The fact you have an s-Corp didn't 'Click' until the word "corporation" in your followup comment. But from what I read in various documents on irs.gov, shareholders in an S-Corp are required to take minimum distributions each year, if the corp has a profit. Don't know if this document will help or not (Until someone more knowledgeable that me on S-Corps answers), but here ya go.
<a rel="nofollow" target="_blank" href="http://www.staleylaw.com/images/S_corp_Distribs_-_Make_Fix_-_15383.pdf">http://www.staleylaw.com/images/S_corp_Distribs_-_Make_Fix_-_15383.pdf</a>

Level 15
Jun 5, 2019 3:59:33 PM

When the S-corp return was completed, the ownership % should have been taken into consideration for the K-1 forms that were issued.  So if you have 2 K-1 forms, one for each of you,  then the appropriate % should be listed. If the % is wrong you need to get the K-1 forms fixed.

Level 15
Jun 5, 2019 3:59:34 PM

Are you one of the shareholders, or rather a tax preparer?

Level 15
Jun 5, 2019 3:59:35 PM

Under IRS regulations, disproportionate S Corp distributions are viewed as having a second class of stock. One of the requirements of an S corporation is that it only can have one class of stock. This, a disproportionate distribution can void your S corporation election, and potentially put you as a C corporation taxed at a corporate rate.