Be careful when borrowing money from your corporation
If you're a business owner and your company lends you money, you'll enter it in the
books as a shareholder loan. However, if your return is audited, the IRS will
scrutinize the loan to see whether it is really disguised wages or a dividend, taxable
to you as income. Knowing what the IRS might look at may be useful when you
structure the arrangement.
First, the IRS will look at your relationship to the
company. If you're the sole shareholder with full control over
earnings, that may weaken your case that the loan is genuine. On the other
hand, if you're one of several shareholders and none of the others received
similar payments, that suggests it might be a genuine loan.
Next, the IRS will look at the details of the loan.
Did you sign a formal promissory note? Did you pledge any security against
the loan? Does the loan have a specific maturity date, or is there a
repayment schedule? What rate of interest are you paying? Have you
missed any payments, and if so, has the company tried to collect them? The
more businesslike the terms of the loan, the more it will appear to be a genuine
debt.
Finally, the IRS will consider other factors. Is
your company paying you a salary that's in line with the work you perform?
Has the company paid dividends, or is this the only payment to its
shareholder? Is the size of the loan within your ability to repay? How
does the size of the loan compare to the company's profits?
Whether the IRS will try to tax you on the "loan" will depend on all these
factors. If you've paid attention to the details, then the loan should withstand
IRS scrutiny.
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