Question

Assumptions: Use a flat corporate tax rate of 21% for all problems. Assume a tax rate of 15% for all dividends and capital gains. Assume there is no Alternative Minimum Tax for these problems. Assume that all entities are US domestic corporations, taxed under Subchapter C of the IRC unless otherwise noted. the internal revenue code.

Question: 35 Points

Bob, Hazel, John and Howard own the Hawke Corporation. During 2018 it had the following taxable income. Gross Receipts 200,000 Operating expenses (100,000) (Assume all deductible) Book Income 100,000 At January 1, 2018 the ownership of the corporation was as follows: Shares Bob 50, Hazel 20, John 20, Howard 10, Total 100. All of the shareholders had a basis per share of $1,000, and the shareholders are all unrelated. They have all held their shares for a number of years. On January 1, 2018, Hawke Corporation's accumulated E&P was $100,000. On September 1, 2018, Hawke Corporation redeemed the following shares for $2,500 per share. Bob 20 Hazel 4 John 10 Howard 2 Total 36 Questions: A What are the current E&P for the Hawke Corporation for 2018? B What are the tax consequences to Bob as a result of the September 1 "redemption?" B.2 Would your answer to B. change if Bob and Hazel were married? What would be the tax consequences to Bob? Ignore your answer to B.2 for the rest of the questions. C What are the tax consequences to John as a result of the September 1 "redemption?" D What are the tax consequences to Howard as a result of the September 1 "redemption?" E What are the accumulated E&P for the Hawke Corporation as at January 1, 2019?

Answer 1

Workings:

i) Assumptions: Corporate Tax 21% ; Dividends and Capital Gains 15%

ii) Let we calculate the Share Capital and E&P as on January 01,2018 based on the details provided:

Share Capital :-

Name of Share holders	No.of shares	Per Share	Share Capital
Bob	50	$1,000	$50,000
Hazel	20	$1,000	$20,000
John	20	$1,000	$20,000
Howard	10	$1,000	$10,000
Total Share Capital			$100,000
Add: Accumulated Earnings & Profits (E&P) as on January 01,2018			$100,000
Total as on January 01,2018			$200,000

iii) Ascertainment of Profitability during the year and till Sept’2018:

Particulars	Amt in $
Gross Receipts	$200,000
Less: Operating expenses	($100,000)
Book Profit	$100,000
Less: Corporate Tax @21%	$21,000
E&P for FY 2018	$79,000
Proportionate E&P till September 01,2018 i.e., $79,000/12 Months X 8 Months)	$52,666.67

iv) Ascertainment of shareholders income upon redemption of shares:

Particulars	Bob	Hazel	John	Howard	Total
No.of Shares Redeemed on September 01,2018 (A)	20	4	10	2	36
Sale Proceeds per share	$2,500	$2,500	$2,500	$2,500	$2,500
Less: Cost per share	$1,000	$1,000	$1,000	$1,000	$1,000
Net capital gain per share (B)	$1,500	$1,500	$1,500	$1,500	$1,500
Total Capital Gain per Share (A X B)	$30,000	$6,000	$15,000	$3,000	$54,000

v) Ascertainment of Share Capital and E&P as on September 01,2018

Particulars	Share Capital	E&P	Total
Total Share Capital as on January 01,2018 (Refer Workings i)	$100,000	$100,000	$200,000
Add: Profit attributable from Jan 01,2018 to September 01,2018 (Refer Workings iii)	$0	$52,667	$52,667
Less: Redemption of Shares as on September 01,2018 (Refer Workings iv i.e., A X Cost per share & AXB)	($36,000)	($54,000)	($90,000)
Share Capital and E&P as on September 01,2018	$64,000	$98,667	$162,667

vi) Ascertainment of Share Capital and E&P as on January 01, 2019

Particulars	Share Capital	E&P	Total
Total Share Capital as on January 01,2018 (Refer Workings i)	$100,000	$100,000	$200,000
Add: Profit attributable from Jan 01,2018 to December01,2018 (Refer Workings iii)	$0	$79,000	$79,000
Less: Redemption of Shares as on September 01,2018 (Refer Workings iv i.e., A X Cost per share & AXB)	($36,000)	($54,000)	($90,000)
Share Capital and E&P as on September 01,2018	$64,000	$125,000	$189,000

ANSWERS:

A) What are the Current E&P Hawke Corporation Refer Workings v, accordingly E&P as on September 01,2018 is $98,667 and Share Capital is $ 64,000

B(i) What are the tax consequences to Bob as a result of the September 01,2018 Redemption

Particulars	Amt in $
Total Capital Gains earned by Bob (Refer Workings iv)	$30,000
Less: Dividend and Capital Gain Tax @15%	$4,500
Net Gain after Tax	$25,500

B(ii) Would your answer to B. change if Bob and Hazel were married? What would be the tax consequences to Bob?

Yes, Married person can avail the joint return filing with concessional tax rate, hence the total earnings of Bob and Hazel i.e., $36,000 (Refer workings iv) shall be consider for the income tax computation with concessional rate.

C What are the tax consequences to John as a result of the September 1 "redemption?"

As a result of redemption on September 01,2018, John earn a capital gain of $ 12,750 (Net of Taxes) and his share capital reduced from 20 No. to 10 No.

Particulars	Amt in $
Total Capital Gains earned by John (Refer Workings iv)	$15,000
Less: Dividend and Capital Gain Tax @15%	$2,250
Net Gain after Tax	$12,750

D What are the tax consequences to Howard as a result of the September 1 "redemption?"

As a result of redemption on September 01,2018, Howard earn a capital gain of $ 2,550 (Net of Taxes) and his share capital reduced from 10 No. to 8 No.

Particulars	Amt in $
Total Capital Gains earned by Howard (Refer Workings iv)	$3,000
Less: Dividend and Capital Gain Tax @15%	$450
Net Gain after Tax	$2,550

E What are the accumulated E&P for the Hawke Corporation as at January 1, 2019?

The Accumulated E&P as at January 01, 2019 is $ 125,000 (Refer Workings vi)