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    Non liquidating distribution s corporation professional dating services in new jersey

    S, shareholders can be subject to an almost infinite variety of taxability on distributions received from a corporation.The tax results can range from tax-free return to return of capital, capital gains, the current favorable federal 15 percent dividend rates on "qualified dividends" (generally dividends received from a domestic C Corps) or the highest ordinary rates — depending on the specific facts.A fine line exists between definitions of a corporate liquidation and dissolution.But for tax purposes, the defining line can make a big difference.To the extent the distribution is made in the form of property, rather than cash, the taxability is generally measured by the fair market value of the property distributed.Such values may be reduced to the extent the property is encumbered with debt.

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    Under current law, the top rate on corporate income is 35%; meanwhile, the top rate on dividend income is 23.8%.Depending on the tax position of the dividend recipient, a corporate shareholder may prefer to receive distributions characterized as capital gains in a year in which they have expiring capital loss carryovers, or ordinary dividends in a year in which the recipient has a tax loss. Corporations or individuals will often have foreign taxes withheld at source — generally ranging from five percent to 30 percent.A taxpayer in a high tax bracket, or with capital losses, will generally prefer to receive either a return of capital or capital gain income. These withheld taxes can generally be claimed as either a tax credit or a tax deduction at the election of the recipient.Witness the situation described in recent letter from the Internal Revenue Service (LTR 200806006, November 7, 2007), which addresses a seeming anomaly related to the tax code.The anomaly is corporate dissolution without liquidation.

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