C corp retained earnings distributed in S corp

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  • RightOn
    Senior Member
    • Nov 2007
    • 141

    #1

    C corp retained earnings distributed in S corp

    Taxpayer owned a C-corp years before and had retained earnings when he converted the C-corp to a S-corp a few years ago. Would it be long-term capital gain if it is distributed to him now?
  • ChEAr$
    Senior Member
    • Dec 2005
    • 3872

    #2
    Originally posted by RightOn
    Taxpayer owned a C-corp years before and had retained earnings when he converted the C-corp to a S-corp a few years ago. Would it be long-term capital gain if it is distributed to him now?
    Provided the corporate stock met qualifications and stockholder himself also met qualifications (check for ownership and dating requirements), corporation issues a 1099div next January for the dividends.
    ChEAr$,
    Harlan Lunsford, EA n LA

    Comment

    • RightOn
      Senior Member
      • Nov 2007
      • 141

      #3
      Originally posted by ChEAr$
      Provided the corporate stock met qualifications and stockholder himself also met qualifications (check for ownership and dating requirements), corporation issues a 1099div next January for the dividends.
      But would it be ordinary dividend, qualified dividend or capital gain on the 1099-DIV?

      Comment

      • ttbtaxes
        Senior Member
        • Jan 2011
        • 580

        #4
        Assuming that C corporation R/E = earnings and profits, the distributions would be qualified dividends to the extent of E&P.

        It would NOT be treated as a long-term capital gain.

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