Legal Question in Business Law in California
My partner and I own a S Corp. in El Cajon, Ca. I want our company to take over payments of my partners RV. Question; How can we do this legally? Does the company need to purchase the RV? Can we simply take over payments, Or if the company does need to purchase the RV can we just take over payments? Thank you in advance for your assistance. Will
1 Answer from Attorneys
The company doesn't need to purchase the RV; it could lease it for an amount approximately equal to the payments. However, the tax legality of any such plan - sale, lease, donation, whatever - probably depends upon the deal terms approaching economic reality, as would be the case in an "arm's length transaction" with an RV dealer. If you do some deal that doesn't make economic sense, it is subject to challenge by a tax collector or maybe, later on, one or another owners of the S corp. If the S Corp. doesn't need an RV for some legitimate purpose connected with its present or proposed business, any deal could be subject to challenge in an audit.
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