One of your clients, Mortar Corp. is considering electing S status. Both of Mort
ID: 2524706 • Letter: O
Question
One of your clients, Mortar Corp. is considering electing S status. Both of Mortar’s equal shareholders paid $60,000 for their stock. As of the beginning of 2017, Mortar’s Subchapter C NOL carryforward is $180,000. Its taxable income projections for the next few years are as follows. (Please disregard in your analysis new tax legislation effective Jan 1, 2018.)
2017
$60,000
2018
$50,000
2019
$35,000
2020
$35,000
Will you counsel Mortar to make the election? Why?
2017
$60,000
2018
$50,000
2019
$35,000
2020
$35,000
Explanation / Answer
Mortar Corp, should remain a C corporation for 2017 and possibly for the next few years.
Except for purposes of the built-in gains tax, the $180,000 NOL carry forward could not be used if the S election were made.
The projected income for 2017-2020 indicates that Mortar Corp. can take advantage of this NOL if it remains a C corporation.
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