Discussion:Loan to start a business

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Revision as of 15:14, 16 August 2007
LJACPA (Talk | contribs)
(The question is,)
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Ashland (Talk | contribs)
(This is a common)
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{{ForumReplyPost|UserID=LJACPA|Date=16 August 2007|Text=The question is, did he HAVE to take all those expenses in the first year? If not, why would he want to offset max 15% taxable income with ordinary loss?}} {{ForumReplyPost|UserID=LJACPA|Date=16 August 2007|Text=The question is, did he HAVE to take all those expenses in the first year? If not, why would he want to offset max 15% taxable income with ordinary loss?}}
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 +{{ForumReplyPost|UserID=Ashland|Date=16 August 2007|Text=This is a common misunderstanding among newly minted sold proprietors. I tell sole proprietor clients that YOU ARE THE BUSINESS AND THE BUSINESS IS YOU. All the money and assets in an SP'ship belong to the owner without any special procedures to pay or repay them. If you take money out, it doesn't really matter what you call it - draw, loan repayment, capital withdrawal, salary, overtime, paid vacation. (Every vacation I take is a paid vacation; I can call it whatever I want. Maybe it's sick pay, I don't know!)Paying the owner S/P'ter doesn't affect taxes, doesn't affect profit or loss, doesn't affect anything. Except, like JR1 points out, don't write a check to yourself that bounces. That will affect something!
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Revision as of 15:32, 16 August 2007

Discussion Forum Index --> Tax Questions --> Loan to start a business

Gpevan06 (talk|edits) said:

15 August 2007
How does a sole proprietor recover money loaned to start his business? He used his personal funds to buy office equipment, furniture, etc.

TheTinCook (talk|edits) said:

15 August 2007
Do you mean cost recovery?

It all depends on when and on what he spent his money on. You recover the cost on tangible assets like furniture and office buildings by depreciation. Intangible assets get amortized under Sec. 197. Startup and organization costs can be partially expensed and amortized under Sec. 195. Then there is the incredible Sec. 179.

Then there is the issue of a sole proprietor "loaning" money to his sole proprietorship.

Gpevan06 (talk|edits) said:

16 August 2007
I think what he wants to do is recover the money he loaned to the business in the first year to pay the operating expenses since he did not have enough income to cover those expenses. But, I told him that he deducted all the expenses and claimed his loss for the first year, which he was able to use against a large capital gain.

TheTinCook (talk|edits) said:

16 August 2007
Is there any reason he can't take draw from capital? If it's a bonafide loan you can always repay it, but for a Sole Prop?

Gpevan06 (talk|edits) said:

16 August 2007
There was never any formal loan agreement, only the money taken from personal funds to cover operating expenses and to purchase equipment.

TheTinCook (talk|edits) said:

16 August 2007
Definatly not a loan then. The money was a contribution of capital. He could take a draw of capital in the form of cash or property if he wants.

JR1 (talk|edits) said:

August 16, 2007
? It's got nuttin' to do with nuttin'. No income putting it in, no expense taking it out. It's about what he can afford to take out. He writes a check if it won't bounce. Really nothing to this...what's your real question?

LJACPA (talk|edits) said:

16 August 2007
The question is, did he HAVE to take all those expenses in the first year? If not, why would he want to offset max 15% taxable income with ordinary loss?

Ashland (talk|edits) said:

16 August 2007
This is a common misunderstanding among newly minted sold proprietors. I tell sole proprietor clients that YOU ARE THE BUSINESS AND THE BUSINESS IS YOU. All the money and assets in an SP'ship belong to the owner without any special procedures to pay or repay them. If you take money out, it doesn't really matter what you call it - draw, loan repayment, capital withdrawal, salary, overtime, paid vacation. (Every vacation I take is a paid vacation; I can call it whatever I want. Maybe it's sick pay, I don't know!)Paying the owner S/P'ter doesn't affect taxes, doesn't affect profit or loss, doesn't affect anything. Except, like JR1 points out, don't write a check to yourself that bounces. That will affect something!