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Level 3
December 6, 2019
Solved

Question - remove bldg from s-corp w/o a tax. Bldg bought 10 years ago by s-corp. Mortgage was paid off w personal funds. s-corp began paying rent to individual owner.

  • December 6, 2019
  • 5 replies
  • 25 views

Building bought about 10 years ago and put into S-corp against my advice.  About a year ago sole shareholder paid off the mortgage and began collecting rent from the S-Corp (saying she was now the owner).  How do I transfer the building to the shareholder without triggering a tax.  Can I just record a distribution of an amount equal to basis? Must any such distribution be at market value? Must it be a purchase a current market value?

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Best answer by abctax55

"  How do I transfer the building to the shareholder without triggering a tax." 

You can't.   It comes out of the Corp @ FMV.

And this is the shining example of WHY real estate (or, any appreciating asset) should never be put into a Corporation.

5 replies

abctax55
abctax55Answer
Level 15
December 6, 2019

"  How do I transfer the building to the shareholder without triggering a tax." 

You can't.   It comes out of the Corp @ FMV.

And this is the shining example of WHY real estate (or, any appreciating asset) should never be put into a Corporation.

HumanKind... Be Both
frank2236Author
Level 3
December 6, 2019
agree but she would not follow my advice at the time - would it be better to close the S-corp, distribute the assets and start over?