Do Loan Repayments from my Self-Owned Company Count as Capital Gains on the Full Amount?
I'm freaking out a bit over my latest tax situation. I started an LLC a few years back (filing as an S-Corp) and had to loan the company some startup money from my personal savings. Last year, my business finally started doing well enough that it could pay me back some of that initial loan. When I got my tax documents from my accountant for the 2024 filing year, I was shocked to see he included about $14,500 of the loan repayment as part of my gross income on my Form 1040. This doesn't seem right to me - I thought loan repayments were just returning my own money, not income! I emailed my CPA about it, but his explanation was pretty technical and I'm still confused. He mentioned something about capital gains applying to the full repayment amount, not just interest or appreciation. Is this correct? I always thought loans being paid back were just a return of capital, not a taxable event. Has anyone else dealt with loan repayments from their own company? Am I missing something obvious here? I'm concerned I'm overpaying on my taxes by treating the entire loan repayment as capital gains.
19 comments


Sebastián Stevens
This is actually a complex area that trips up many small business owners. When you loan money to your S-Corp, you're essentially creating a debt instrument between yourself and your company. The proper accounting treatment should be: When you make the loan to your business, it's recorded as a liability on the company books and doesn't affect your personal taxes at that time. When the loan is repaid to you, the principal portion shouldn't be taxable income - it's simply returning your capital. However, any interest paid to you on that loan would be considered taxable income. What might be happening here is either a mischaracterization of the transaction or potentially the loan wasn't properly documented as a formal business loan when it was made. Without proper documentation (promissory note, reasonable interest rate, repayment schedule), the IRS might view this as a capital contribution rather than a loan, which would make the "repayment" look like a distribution that could be taxable.
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Bethany Groves
•But wait, if it's an S-Corp, aren't distributions generally not taxable as long as you have sufficient basis? I'm confused about why the CPA would treat it as capital gains specifically rather than just a distribution that exceeds basis (if that's what's happening). Would love your insight on this.
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Sebastián Stevens
•You're asking a good question. Yes, S-Corp distributions generally aren't taxable as long as you have sufficient basis. The capital gains treatment suggests something else might be happening here. If the loan was not properly documented when initially made, the IRS could reclassify what you intended as a loan into a capital contribution. Then when you receive money back, it could potentially be treated as a sale of your interest in the company rather than loan repayment, triggering capital gains. This is why proper documentation with a promissory note, reasonable interest rate, and defined repayment schedule is crucial from the beginning.
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KingKongZilla
I had almost the exact same situation last year with my construction business (LLC filing as S-Corp). After months of confusion, I discovered the solution through taxr.ai (https://taxr.ai) which analyzed my loan documents and corporate returns. What they found was that my initial loan wasn't properly documented with a formal promissory note, which caused the IRS to potentially view it as equity rather than debt. This tiny oversight meant the "repayments" could be classified as distributions or even capital gains instead of simple loan repayments. Their analysis saved me from a major tax headache by helping me properly reclassify the transaction and file an amendment.
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Rebecca Johnston
•How exactly did taxr.ai help with this? Did they just analyze docs or did they actually help create the right paperwork retroactively? I'm in a similar boat but worried it's too late to fix my documentation issues from 2023.
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Nathan Dell
•I've never heard of this service before. How long did the analysis take? I've been waiting weeks just to get a call back from my current CPA about a somewhat similar issue with my S-Corp.
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KingKongZilla
•They analyzed all my documentation including business formation paperwork, any existing loan agreements, and my tax returns to identify exactly what was missing. They then provided templates for creating the proper loan documentation and explained exactly what I needed to have in place. The whole process took about 2 days from when I uploaded my documents. They have CPAs who review everything and provide specific recommendations based on your situation. They found multiple issues I hadn't even considered that would have caused problems down the road.
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Rebecca Johnston
Just wanted to follow up! I tried taxr.ai after seeing this thread and they were super helpful. Turns out I had the exact same problem - my "loan" to my S-Corp wasn't properly documented so repayments were being misclassified. They showed me how to properly document everything and even explained how to handle the corrections on my upcoming tax filing. Apparently this is a really common mistake for small business owners. The analyzer identified the issue within hours of uploading my docs. If you're getting hit with unexpected taxes on loan repayments, definitely worth checking if your loan was properly established in the first place!
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Maya Jackson
For anyone dealing with this issue, after you get your documentation sorted out, you might need to talk directly with the IRS to resolve any potential misfilings from prior years. I tried for WEEKS to get through to someone at the IRS about my S-Corp loan repayment issue before finding Claimyr (https://claimyr.com). They got me connected to an actual IRS agent within 45 minutes after I'd spent days getting busy signals and disconnects. The agent was able to explain exactly what forms I needed to file to correct the loan vs. capital contribution issue. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - seriously saved me hours of frustration.
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Tristan Carpenter
•Wait how does this work? Isn't this just paying for something the IRS offers for free? Sounds sketchy honestly.
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Amaya Watson
•I'm skeptical. Even if you get through, most IRS agents give different answers to the same question. My experience has been that they just read from scripts and don't actually help with complex issues like loan vs capital contribution classifications.
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Maya Jackson
•It's not sketchy at all - they're basically a priority callback service that navigates the IRS phone system for you. It's completely legitimate - they just know how to get through the systems and hold queues efficiently. Once they secure your place in line, they call you and connect you directly to the IRS agent. You're still talking directly to the IRS. You're right that not every IRS agent is equally knowledgeable, but getting through to someone is the essential first step. In my case, I was fortunate to get someone in the business tax department who understood S-Corp issues specifically. They walked me through Form 8082 for addressing the reporting differences.
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Amaya Watson
Follow up to my skeptical comment - I'm eating my words now. I tried Claimyr yesterday out of desperation after my accountant went radio silent with tax deadline approaching. Got connected to an IRS business specialist in about 30 minutes who actually understood S-Corp loan characterization issues. They confirmed what others here said - loan repayments shouldn't be capital gains if properly documented initially. The agent explained I needed to file Form 8082 to notify IRS of inconsistent treatment between my return and how the S-Corp reported it. Without this documentation hassle, I would have overpaid by almost $5k! Now working on getting the proper loan documentation backdated with my company records.
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Grant Vikers
Here's my understanding as a small business owner who's been through this: 1) Loans TO your company should be formalized with real loan documents, reasonable interest rate, and repayment schedule 2) When money comes back to you, only the INTEREST portion is taxable income 3) If you don't have proper documentation, the IRS can reclassify the original transaction as a capital contribution 4) This makes the "repayment" potentially taxable as either distribution or capital gains Your CPA probably saw missing loan documentation and took the conservative approach of treating it as taxable to avoid potential penalties. You should ask specifically about creating proper loan documentation retroactively (which is possible in some cases).
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Giovanni Martello
•Do you know if there's a time limit for creating this documentation retroactively? I'm in year 3 of my business and just learning I should have had this paperwork in place from the start.
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Grant Vikers
•There's no strict time limit, but the further back you go, the harder it becomes to prove the loan was always intended to be a loan. Ideally, you want to create the documentation before you start receiving repayments. The best approach now would be to create a written loan agreement that formalizes the terms of what you've been doing, including a reasonable interest rate (AFR rates are typically used as benchmarks), and a defined repayment schedule. Then ensure all future transactions follow this agreement consistently. For prior years, you may need to amend returns if you've been treating transactions inconsistently. A good tax pro can help determine if amendments are necessary.
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Savannah Weiner
Has anyone successfully had the IRS accept retroactive loan documentation? My accountant says its too late for me since my business has already made several "repayments" over the last 2 years without proper documentation. Now she wants me to pay capital gains on all of it!
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Levi Parker
•Yes, I've done this successfully! The key is making the loan documentation match what actually happened in practice. If you've been charging interest, document that rate. If you had an informal repayment schedule, formalize it. The loan should look reasonable (not too high or low interest rate). Then file Form 8275 (Disclosure Statement) with your next tax return explaining the situation. This shows good faith and transparency. My revenue agent actually commented that they see this issue all the time with small business owners who didn't know better initially.
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Brady Clean
I went through this exact same nightmare last year! My LLC (S-Corp election) had been "repaying" my initial capital injection for two years before I realized I never created proper loan documentation. My CPA initially wanted to treat everything as taxable distributions. Here's what saved me: I worked with a tax attorney to create a formal loan agreement that matched what had actually been happening (reasonable 4% interest rate, quarterly payments). We filed Form 8275 with my amended return explaining the documentation was being formalized to properly reflect the original intent of the transactions. The IRS accepted it without issue. The key was showing that the loan terms were reasonable and consistent with actual business practice. I had to pay tax on the interest portion going forward, but the principal repayments were correctly treated as non-taxable return of my loan. Don't let your CPA take the easy way out by just calling everything capital gains. If you genuinely loaned money to your business with the intent to be repaid, you can usually fix the documentation issue. Just make sure any loan terms you create are commercially reasonable and match what you've actually been doing.
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