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02/10/2012 at 03:34PM PST
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05/14/09 11:38am PDT
Viewed by asker 06/15/09 7:40am PDT

Single Owner C-Corp: treating owner withdrawals as officer loan repayments?

This is a single owner C-Corp that has not been very diligent with bookkeeping tasks for a few years now. The owner works for the company and has a few salaried employees.

The owner has not drawn a salary since the inception of the company (about 5 years ago). This might get the owner into trouble with the IRS, but the excuse is that the company has not generated enough profits over the years thus the owner is unable to be paid a salary, and all company earnings are reinvested for growth. Is this a tangible excuse?

The owner has been using the business checking account for personal expenses (mortage/car payments, personal shopping, personal bills etc.). In the last tax return filed (Form 1120), the tax accountant treated the personal expenses as repayments of Officer Loan i.e. an Officer Loan account was setup a few years ago with about $100K, and all personal expenses are recorded as an offset to this account. Is this treatment acceptable and can it be considered as normal pratice? Shouldn't the owner withdrawals be treated as distributions?

Thanks for your assistance!

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05/20/09 9:45am PDT
The solution

It would be best for the owner to be on payroll and use that to pay his personal bills.

But repayment of the loan is acceptable. There should be documentation for the loan and interest charged, or the IRS may say this should be capital. Distributions from a C corp would be dividends and taxable income to the owner. Loan repayments do not reduce income for the corp so they are paying tax on this money taken out by the owner.

Not a big problem but it would be better to have the owner on payroll.

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