Discussion:Employer Credit for FICA paid on tips / Shareholder has zero basis in S Corporation

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Discussion Forum Index --> Advanced Tax Questions --> Employer Credit for FICA paid on tips / Shareholder has zero basis in S Corporation
Discussion Forum Index --> Tax Questions --> Employer Credit for FICA paid on tips / Shareholder has zero basis in S Corporation

Wwechamp (talk|edits) said:

11 September 2009
I’m looking at the shareholder’s K1 right now. There were no basis adjustments during the year. His basis at the start of the year is zero.

Here is the K1 information:

Line 1: Ordinary Business Income (Loss) ($5,000) Line 13N: Credit for Employer FICA taxes paid on tips ($1,200) Line 16C: Items Affecting Shareholder Basis/Nondeductible Expenses ($1,300)

I know that I will not be able to deduct the ordinary business loss on the shareholder’s individual return. How will I account for the credit for FICA paid on tips? Will I be able to take this deduction on Form 8846 on the individual return? (Note: Before entering K1, shareholder’s total tax is more than the credit for FICA paid on tips.) If yes, how will this affect the basis for the current and future years?

Seaside CPA (talk|edits) said:

11 September 2009
The General Business Credit (which the employer credit for FICA paid on tips is a part of) may be limited. The credit is limited to taxpayer's "net regular tax." See IRC Sec. 38(c). The credit should not affect stock basis. (Section 620)

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