The formulas
- Restoration = min(prior debt basis reduction, max(0, increases - decreases))
- Stock basis = beginning + income + tax-exempt income - restoration
- Then reduce, in order: distributions, nondeductible expenses, losses (never below zero)
- Distribution above basis = capital gain; nondeductible expenses and losses above stock basis reduce debt basis; loss left after that is suspended
How it works
Section 1367 adds income items to stock basis and subtracts distributions, losses and nondeductible expenses, never below zero. The regulations set the order: increases first, then distributions, then nondeductible expenses, then losses and deductions. That order is why a distribution can be tax free in a year with a large loss.
Losses and nondeductible expenses that exceed stock basis reduce the shareholder basis in loans made to the corporation (section 1367(b)(2)(A)), and loss left over is suspended. Distributions never reduce debt basis. In later years a net increase, which is income items less all decreases including distributions, restores debt basis before it increases stock basis. This tool assumes no accumulated earnings and profits and skips the elective ordering rule, oil and gas depletion and charitable property.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
What is debt basis?
The shareholder basis in corporate debt owed to the shareholder. Section 1367(b)(2) reduces it when losses exceed stock basis.
What if distributions exceed basis?
The excess is treated as gain from the sale or exchange of property, which is capital gain when the stock is a capital asset.
What happens to a suspended loss?
It carries forward and is allowed when stock or debt basis is restored.
Sources
- 26 U.S.C. 1367, Adjustments to basis of stock of shareholders, Legal Information Institute
- 26 U.S.C. 1368, Distributions, Legal Information Institute
- 26 CFR 1.1367-1, Adjustments to basis of stock of shareholders, Legal Information Institute
- 26 CFR 1.1367-2, Adjustments to basis of indebtedness to shareholders, Legal Information Institute
Runs in your browser. The figures you type are not sent to CORAA or stored. Check the result against your firm's methodology before relying on it.