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June 26, 2020
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Disposal of assets (C-corp, Form 1120 Schedule K line 17)

  • June 26, 2020
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"During or subsequent to this tax year, but before the filing of this return, did the corporation dispose of more than 65% (by value) of its assets in a taxable, non-taxable, or tax deferred transaction?"

 

I am wondering what constitutes the "disposal" as mentioned above by the IRS. If my C-corporation has performed a liquidation/nondividend distribution to return back all investor capital and profits would this qualify as a "disposal of assets"?

 

Or does "assets" only mean stock/shares? Currently my C-corp has $0 in remaining cash/assets. 

https://www.irs.gov/pub/irs-pdf/f1120.pdf

Best answer by DavidS127

Yes, cash is an asset of the corporation, but distributing that cash to shareholders isn't a disposal.

2 replies

DavidS127
June 26, 2020

Assets in this context are things the corporation owned, typically investments, land, buildings, land improvements, buildings, equipment, etc.  Your stock in the C corp is not an asset of the corporation.

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June 26, 2020

Hi @DavidS127 so would the corporation's cash funds count as "assets" in this case?

DavidS127
DavidS127Answer
June 26, 2020

Yes, cash is an asset of the corporation, but distributing that cash to shareholders isn't a disposal.

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May 21, 2021

Related question for @DavidS127 : I have a C-Corp owned by my self directed IRA. If I transfer an asset (share in Limited Partnership) from the C-Corp to the parent IRA, and it is worth more than 65% of the total value of the C-Corp, what are the tax implications I need to worry about? If I say Yes to #17 in Form 1120, what are the ramifications?

Is a transfer of the LP share to the parent (100%) stock holder, considered disposing of the asset?

Please note the entity getting the asset is a tax-deferred entity (IRA). 

Thank you. 

August 11, 2022

If in the middle of the year on dioposes of more than 65% of its assets what are the implications?