- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Best Answer Click here
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Did he forgive the loan or did he gift the loan to his son?
Slava Ukraini!
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Apparently it states in his dad's will that he forgives the promissory note between him and the Scorp which his son owns.
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
"Did he forgive the loan or did he gift the loan to his son?" Or are you trying to pay it off using inheritance? Because now you have Three possible options.
Don't yell at us; we're volunteers
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
It sounds like he forgave the loan.
Was hoping he gifted it so that the Scorp could start making payments to the shareholder but the will states that "I have taken a promissory note for the balance of the sale price due me from the buyer. I forgive the balance due on this promissory note at the time of my death."
Thanks for your help!
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Whose tax return are you working on: The 1120S, the deceased, or "your friend's individual?"
Don't yell at us; we're volunteers
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Working on the Scorp (1120S) and shareholder/son (1040)
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Substance over form? Was it really the father's intent to have his son pay tax on loan forgiveness or was his real intent to just not have the son pay money back to the estate?
Slava Ukraini!
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
I'm sure the intent was to not pay taxes on the forgiveness but my worry is that it was between the Scorp and the father. Not sure how much of a difference that makes?
Thought about transferring the loan to the son and have Scorp continue to make payments to the son but not sure if that would fly with the IRS.
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Have you thought about just rolling it into equity instead of a loan to the son?
Slava Ukraini!
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
That's probably the best and easiest way to do it assuming the IRS doesn't try to say it was a loan between Scorp and lender rather than loan between father and son. But even if it is between Scorp and lender, inheritances are an exception to cancellation of debt.