Owners of closely held corporations are often interested in easily withdrawing money from their businesses at the lowest possible tax cost. The simplest way is to distribute cash as a dividend. However, a dividend distribution is not tax-efficient, since it is taxable to you to the extent of your corporation’s ‘earnings and profits,’ and it is not deductible by the corporation.
Fortunately, there are several alternative methods that may allow you to withdraw cash from a corporation while avoiding dividend treatment. Here are five strategies to consider:
- Capital repayments: To the extent that you have capitalized the corporation with debt, including amounts that you have advanced to the business, the corporation can repay the debt without the repayment being treated as a dividend. In addition, interest paid on the debt can be deducted by the corporation. This assumes that the debt has been properly documented with terms that characterize debt and that the corporation does not have an excessively high debt-to-equity ratio. If not, the ‘debt’ repayment may be taxed as a dividend. If you make future cash contributions to the corporation, consider structuring them as debt to facilitate later withdrawals on a tax-advantaged basis.
- Compensation: Reasonable compensation that you, or family members, receive for services rendered to the corporation is deductible by the business. However, it also is taxable to the recipient(s). This same rule applies to any compensation (in the form of rent) that you receive from the corporation for the use of property. In both cases, the compensation amount must be reasonable in terms of the services rendered or the value of the property provided. If it is considered excessive, the excess will be a nondeductible corporate distribution.
- Loans: You can withdraw cash tax free from the corporation by borrowing money from it. However, to prevent having the loan characterized as a corporate distribution, it should be properly documented in a loan agreement or note. It also should be made on terms that are comparable to those in which an unrelated third party would lend money to you, including a provision for interest and principal. Also, consider what the corporation’s receipt of interest income will mean.
- Fringe benefits: You may want to obtain the equivalent of a cash withdrawal in fringe benefits, which are not taxable to you and are deductible by the corporation. Examples include life insurance, certain medical benefits, disability insurance, and dependent care. Most of these benefits are tax-free only if provided on a nondiscriminatory basis to other corporation employees. You also can establish a salary reduction plan that allows you (and other employees) to take a portion of your compensation as nontaxable benefits, rather than as taxable compensation.
- Property sales: You can withdraw cash from the corporation by selling property to it. However, certain sales should be avoided. For example, you should not sell property to a more than 50 percent-owned corporation at a loss, since the loss will be disallowed. And you should not sell depreciable property to a more than 50 percent-owned corporation at a gain, since the gain will be treated as ordinary income, rather than capital gain. A sale should be on terms that are comparable to those in which an unrelated third party would purchase the property. You may need to obtain an independent appraisal to establish the property’s value.
If you are interested in discussing any of these ideas, contact us. We can help you get the most out of your corporation and reduce your tax cost.