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S-Corp Loss / 3rd Party Loan Guarantee / At Risk??

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    S-Corp Loss / 3rd Party Loan Guarantee / At Risk??

    Just need some clarification here as I’m a little confused. Sole S-Corp shareholder who guaranteed a 3rd party loan to the S-Corp. The S-Corp lost $90K this year. I know that only personal loans increase the loan basis. However, the amount is “at risk” per Section 465(b)(2). Thus, the at risk rules would allow the loss or not limit it. Still, the result is that the loss can’t be taken on the personal because the personal guarantee does not increase basis, rather only direct loans. Right? Or, since it is “at risk” does that allow the taking of loss on the personal return.

    Any insight much appreciated? Client just came to me today and mentioned that they had this new S-Corp and wanted to get the K-1 soon so as to write off the loss!!! As always, would of helped if they consulted first beforehand.

    As always, much thanks for your assistance.
    "The hardest thing in the world to understand is the income tax" - Albert Einstein

    #2
    Originally posted by bbrownatl View Post
    Just need some clarification here as I’m a little confused. Sole S-Corp shareholder who guaranteed a 3rd party loan to the S-Corp. The S-Corp lost $90K this year. I know that only personal loans increase the loan basis. However, the amount is “at risk” per Section 465(b)(2). Thus, the at risk rules would allow the loss or not limit it. Still, the result is that the loss can’t be taken on the personal because the personal guarantee does not increase basis, rather only direct loans. Right? Or, since it is “at risk” does that allow the taking of loss on the personal return.

    Any insight much appreciated? Client just came to me today and mentioned that they had this new S-Corp and wanted to get the K-1 soon so as to write off the loss!!! As always, would of helped if they consulted first beforehand.

    As always, much thanks for your assistance.
    The Code section you posted has to do with Partnerships>>Scorps are different... No basis on 3rd party loans.
    This post is for discussion purposes only and should be verified with other sources before actual use.

    Many times I post additional info on the post, Click on "message board" for updated content.

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