Discussion:S-Corp Distribute Car & State Sales Tax

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Discussion Forum Index --> Advanced Tax Questions --> S-Corp Distribute Car & State Sales Tax
Discussion Forum Index --> Tax Questions --> S-Corp Distribute Car & State Sales Tax

Wyseson (talk|edits) said:

22 October 2009
A S-Corp is going to distribute a car to its sole shareholder. Adjusted basis for the vehicle is 15k, FMV is around 5k. I know the S-Corp won't be able to take the loss on the deemed sale because it is a related party. However, in order to transfer title/registration, the DMV requires the payment of sales tax. This obviously isn't a gift so I'm guessing some amount of sales tax should be paid. What should the sales price be? the FMV?

Should the shareholder actually write the S-Corp a check for the sales price to show sales tax auditors or can the amount simply be reported as a distribution?

JR1 (talk|edits) said:

October 23, 2009
Yes, FMV is the sales price. Many states don't recharge for the tax between a solely owned corp and the owner. Check into that.

Wyseson (talk|edits) said:

23 October 2009
This is for New York. I'll look into that.

EasternPA (talk|edits) said:

23 October 2009
Of course, the IRS will be looking to recapture some of the depreciation. They just might wonder, as a wild example, why a 2006 Mercedes has a $5k fmv.  :-) I know, I know, it's the economy.

JR1 (talk|edits) said:

October 23, 2009
Basis can get pretty high if you keep trading in and bear absolutely no relationship to FMV.

EasternPA (talk|edits) said:

23 October 2009
JR1, You're right. Nothing like pristine records to prove it.

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