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Level 6
August 28, 2024
Solved

Business loan used to purchase shares

  • August 28, 2024
  • 1 reply
  • 22 views

A client of mine sold his shares in his S corp for 2 million back in March of 2023 to the other shareholders. The shareholders asked me to file the S corp return but it looks like the shareholders who purchased the shares took out a 2 million dollar SBA loan through the company to purchase the shares. I see this as a loan to shareholders but I don't believe there was a note between the shareholders and company. Any advice on how to handle this would be appreciated?

 

 

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Best answer by abctax55

Apparently, they didn't think this through much when getting the loan. The only way to get the loan was to go through the business. I'm pretty sure their intent will be to pay it back to avoid paying taxes on it. 


delete.... this thread is too convoluted for my late Friday afternoon of a holiday weekend to comprehend.

Happy Labor Day to all

 

1 reply

IRonMaN
Level 15
August 29, 2024

Are you sure the shareholders bought the shares or did the corporation buy back and retire the shares?

Slava Ukraini!
Avs19Author
Level 6
August 29, 2024

This is actually an LLC taxed as an Scorp so what was purchased was interest. Not sure how this changes things?

IRonMaN
Level 15
August 29, 2024

What does the paperwork say?  Did the other guys actually buy his interest or did the business buy his interest.

Slava Ukraini!