Nancy and her daughter, Kathleen, have been working together in a cattery called "The Perfect Cat." Nancy formed the business several years ago as sole proprietorship, and it has been very successful. Assets currently have a fair market value of $450,000 and a basis of $180,000. On the advice of their tax accountant, Nancy decides to incorporate" The Perfect Cat." Because of Kathleen’s participation, Nancy would like her to receive shares in the corporation. What are the relevant tax issues?

Solution :

In the context, the relevant tax issues are :

1. The transfer to be subjected to tax deferred treatment under 351. It is a tax issue for transaction.

2. Kathleen receives stock in the exchange of the property transferred.

3. Receipt of the stock that is a gift from her mother is a relevant tax issue.

4. If Kathleen is not the transferor of the property and Kathleen receives the stock from the corporation, the transaction will be qualify as non taxable under 351.

5. Stocks received by Kathleen and Nancy is a taxable and so it is relevant to the tax issue.

6. The property in the hands of a corporation is always a tax issue.

7. The deductions that is allowed when the transfer of the stock for the rendering services for Kathleen.

8. The transfer of the stock is considered as gift to Kathleen by Nancy is a taxable transaction, so it is a relevant tax issue.