Business & farm

More FUD

Year 1

a) you put $10K in to start a C-Corp

b) it buys $5K of equipment

c) it has a profit of $5K before depreciation

d) it takes a section 179 deduction of $5K on the equipment. This results in no taxable income

e) near year-end you withdraw $2K of your capital contribution. is this a taxable or tax-free dividend/distribution

Under IRC Sec 312 the Corp has earnings and profits of $4K. subsection (k)(3)(B) only allows a $1K section 179 deduction for purpose of computing E & P.  The IRS would argue this makes that $2K a taxable dividend.

 

there are many other adjustments required under that tax laws to convert taxable income and retained earnings into E & P.  Maybe your C-Corp is one of the lucky ones that requires no adjustments.