Corporate Taxation: Earnings & Profits, Distributions, 351, Partnerships
Chapter 18: Current & Accumulated E&P (CEP & AEP)
(TI ± its Adjustments = CEP) CEP is determined on the last day of the tax year, before calendar year distributions. Example: AEP = 20,000; Loss = 25,000; distribution = 10,000 on July 1. CEP at 7/1 = (25,000) × 1/2 = (12,500). Net = (12,500) + 20,000 = 7,500 taxable dividend and 2,500 nontaxable return of capital.
Corporate Distributions — Layered Tax Treatment
Corporate distributions are paid out of earnings and profits (E&P) unless otherwise shown, and they occur in layers:
- Earnings and Profits — Taxed as dividend income.
- Stock Basis — Nontaxable return of capital (reduces shareholder basis).
- Distribution in Excess of E&P and Basis — Taxed as capital gain.
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