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In general, the balance of your shareholder loan represents the total owner cash drawn from your company minus the funds you have contributed. Your shareholder loan will appear as an asset or liability on the balance sheet.
In simple terms, the debt forgiveness rules apply when a ?commercial debt obligation? has been settled for an amount that is less than the full amount owing (i.e., the ?forgiven amount?). A commercial debt obligation is generally a debt obligation on which interest, if charged, is deductible in computing income.
When deciding whether payments made to shareholders qualify as bona fide loans, the IRS considers these six factors: Loan size, Earnings and dividend-paying history, Provisions in the shareholders' agreement about limits on amounts that can be advanced to owners, Loan repayment history,
Unless an exception or exclusion applies, debt that is discharged, forgiven, or cancelled by the lender must be included in the borrower's gross income. The amount of income reported from debt cancellation is generally the difference between outstanding debt owed and any amount paid to settle the obligation.
In general, if your debt is canceled, forgiven, or discharged for less than the amount owed, the amount of the canceled debt is taxable. If taxable, you must report the canceled debt on your tax return for the year in which the cancellation occurred.