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how can I justly avoid paying taxes on this?

Posted on 6/23/13 at 2:17 pm
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19649 posts
Posted on 6/23/13 at 2:17 pm
Let a friend borrow a couple thousand cash for bills...was pretty sure I might not get paid back ever.

Well...he finally paid me back via a company check.

I should not owe taxes on this money but it would appear to be income if I were audited...any way around this?

I will deal with it if not bc I was surprised to get paid back anyway...
Posted by Teddy Ruxpin
Member since Oct 2006
39545 posts
Posted on 6/23/13 at 2:24 pm to
What a shitty friend.
Posted by I Love Bama
Alabama
Member since Nov 2007
37686 posts
Posted on 6/23/13 at 2:26 pm to
This makes no sense. Just put it in the bank and don't report it. A few thousand is nothing
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19649 posts
Posted on 6/23/13 at 2:34 pm to
And if I get audited?
Posted by OTIS2
NoLA
Member since Jul 2008
50065 posts
Posted on 6/23/13 at 2:35 pm to
Don't sweat that. Get the friend to sign an acknowledgment that the check was repayment of a loan if you're really concerned.
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19649 posts
Posted on 6/23/13 at 2:48 pm to
Ok thanks
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39814 posts
Posted on 6/23/13 at 2:50 pm to
Can't you draft a quick loan agreement that shows paid in full, have him sign it, and viola... audit documentation.
Posted by Layabout
Baton Rouge
Member since Jul 2011
11082 posts
Posted on 6/23/13 at 3:12 pm to
I wouldn't worry about it unless I got a 1099 in the mail in January.
Posted by ZereauxSum
Lot 23E
Member since Nov 2008
10176 posts
Posted on 6/23/13 at 4:00 pm to
quote:

And if I get audited?


This is actually an interesting question.

I would imagine that throwing together some documentation of the loan would be the answer but I'd like to see what some of our tax experts have to say.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 6/23/13 at 4:46 pm to
I'm not Poodlebrain, but the first question I'd ask is how frequently you get audited. Some small businesses do but if you're the average Joe it'll never happen and this isn't worth worrying about.

I'd be more worried about your friend. He is paying you via company check and therefore is probably writing off the loan as a business expense. And that's assuming he is a sole proprietor, if he isn't then he's cheating the other owners on top of that.
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39814 posts
Posted on 6/23/13 at 6:06 pm to
Exactly. He does not have to take it as income and then pay you. Thus the company check. I assume he is the business owner.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 6/24/13 at 1:24 am to
The simplest way to avoid paying tax on all of the money you were paid is to have the payer issue you a 1099-Int for the portion of the money that was interest. You report that amount as interest income, and the balance of the payment is not reported as income as it is the repayment of the loan principal.

If there was no interest paid on the loan, then you need to follow the rules for below market rate loans. You'll have to look them up, or consult with someone familiar with them, to see what the requirements are since they depend on the facts and circumstances of the original transaction and any subsequent payments.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 6/24/13 at 2:41 am to
quote:

If there was no interest paid on the loan, then you need to follow the rules for below market rate loans. You'll have to look them up, or consult with someone familiar with them, to see what the requirements are since they depend on the facts and circumstances of the original transaction and any subsequent payments.


Whoa now. There's something accounting-related that Poodle doesn't know?

Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 6/24/13 at 8:56 am to
quote:

Whoa now. There's something accounting-related that Poodle doesn't know?
Actually, I am familiar with accounting for below market rate loans, usually loans made between related parties. It's just not possible to guess all of the facts and circumstances surrounding the OP's situation to give an answer that is more than a guess.

International taxation is an area I have little to no experience with. Oil and gas industry accounting is also foreign to me.
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 6/24/13 at 12:40 pm to
Just write loan repayment on the memo line before you deposit. /thread
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 6/24/13 at 5:41 pm to
quote:

Actually, I am familiar with accounting for below market rate loans, usually loans made between related parties. It's just not possible to guess all of the facts and circumstances surrounding the OP's situation to give an answer that is more than a guess.


Oh. In that case the Earth can resume spinning about its axis.
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