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Taxation of Partnerships and S Corporations
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Charitable Contribution Deductions by Corporations
S corporations can pass through charitable contribution deductions to shareholders, who can deduct them on their individual returns.
Guaranteed Payments
Payments made to partners for services or use of capital that are determined without regard to the income of the partnership.
Qualified Business Income Deduction (Section 199A)
Provides eligible taxpayers with a deduction for a portion of their qualified business income (QBI) from a pass-through entity.
Basis Tracking
Each partner or S corporation shareholder must track their basis in the entity, which affects their ability to deduct losses and calculate gains.
At-Risk Rules
Limitations on the deduction of losses to the amount that a partner or shareholder has at risk in the activity.
Section 179 Deduction
Allows a business to deduct the full purchase price of qualifying equipment or software during the tax year instead of capitalizing and depreciating.
Deductibility of Organizational Expenses
Taxpayers can elect to deduct a portion of their organizational expenses in the year the business begins and amortize the remainder over a period of years.
Distribution Tax Treatment
Distributions are typically tax-free unless they exceed the partner's or shareholder's basis in the entity.
Pass-through Taxation
Business entity income is passed through to the individual partners or shareholders and reported on their individual tax returns.
Liquidation of Partnership
In a liquidation, the partnership's distribution of cash and property to retiring partners can trigger gains or losses.
Built-In Gains Tax
A tax imposed on S corporations for gains on the disposition of assets that were appreciated at the time of the S corporation election.
Self-Employment Tax
Income to the individual from pass-through entities may be subject to self-employment tax for active partners or S corporation shareholders.
Allocation of Income and Loss
Income and loss are allocated to partners or S corporation shareholders based on the operating agreement or ownership percentage.
Passive Activity Loss Rules
Losses from passive activities can generally only be deducted against income from passive activities;
Employment Taxes for Shareholders
Payments to shareholders who work for an S corporation should be classified as wages and are subject to employment taxes.
Like-Kind Exchanges
Non-recognition of gains or losses when exchanging property used for business or investment purposes for similar property.
S Corporation Election and Termination
To elect S corporation status, the corporation must meet specific IRS criteria and file Form 2553. Termination of status can occur voluntarily or by failing to meet these criteria.
Section 1244 Stock Loss Treatment
Losses on small business stock may be treated as ordinary losses rather than capital losses, subject to limitations.
Constructive Dividend
Shareholder benefit that is treated as a dividend for tax purposes, even though it is not formally declared as such by the corporation.
Tax Treatment of Fringe Benefits
Certain fringe benefits provided to S corporation employees who are also shareholders may be taxable as compensation.
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