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Need Profits?


Guest gkaley

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Guest gkaley
Posted

The ESOP Answer Book states that an employer must show profits/earnings in order to have dividends be deductible. However, there is no reference to guidance. Any help?

Posted

Hi gkaley ---

In order to be deductible under IRC section 404(k), the payment must be a "dividend" under IRC Subchapter C. Accordingly, it must be paid out of current or accumulated "earnings and profits." Also, it must be a dividend under applicable corporate law.

Guest gkaley
Posted

Thanks again, RLL!

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