For business owners and accountants, understanding the flow of money is paramount. One area that often causes confusion is the treatment of payments made to shareholders, specifically dividends. While the term "dividend expense" might be used in casual conversation, it's crucial to know that from an accounting and tax perspective, dividends are fundamentally different from business expenses.
This article will clarify how dividends are categorized, highlight important considerations for their classification, provide clear examples of dividend payments, explain the significant tax implications, and show how a tool like Fyle can help ensure financial transactions are tracked with precision.
The most important concept to understand is that dividends are not a business expense. Business expenses are costs incurred in the ordinary course of business to generate revenue, such as rent, employee salaries, and marketing costs. These expenses are deducted from revenue on the income statement to determine a company's profit.
Dividends, on the other hand, are a distribution of a company's after-tax profits to its shareholders. Therefore, they do not belong in an expense category on the income statement.
Here’s the correct accounting classification:
For pass-through entities like sole proprietorships, partnerships, or S-corporations, payments to owners are typically called draws or distributions, not dividends. Similar to dividends, these payments are also a reduction of owners' equity and are not considered deductible business expenses.
Because dividends are not deductible, the IRS pays close attention to payments made to shareholders to ensure they are not disguised business expenses. Here are some critical considerations:
The IRS can reclassify a payment made to a shareholder as a non-deductible dividend, even if it was labeled something else. This is known as a "constructive" or "disguised" dividend. According to IRS Publication 535, if a corporation pays an unreasonably high salary to an employee who is also a shareholder, the excessive portion may be treated as a constructive dividend. Other examples include a company paying for a shareholder's personal expenses or making a "loan" to a shareholder with no real intention of repayment.
The way distributions are handled varies by entity:
For C-Corporations, dividends should be formally declared by the Board of Directors before they are paid. This creates a clear record of the company's intent to distribute profits.
Understanding the difference between a legitimate expense and a dividend is key.
The tax treatment of dividends is a critical area where mistakes can be costly.
Dividend payments are not tax-deductible. IRS Publication 535 makes it clear that the excessive part of a salary treated as a dividend would not be allowed as a salary deduction by the corporation. This directly increases the corporation's taxable income compared to if the payment were a deductible expense.
Shareholders must report dividend income on their personal tax returns. This income is subject to dividend tax rates.
The primary tax risk for the business is the reclassification of a payment that was deducted as an expense (like a salary or rent) into a non-deductible dividend. This results in the business losing the tax deduction, leading to a higher tax liability, plus potential penalties and interest.
Meticulous recordkeeping is your best defense against reclassification. As noted in the IRS document "What kind of records should I keep," businesses must maintain supporting documents for all transactions. For payments to shareholders, this includes board meeting minutes declaring dividends, formal employment contracts with reasonable salary details, and detailed records for any expense reimbursements to prove their business purpose.
While Fyle is an expense management platform, not a tool for declaring dividends, it plays a vital role in ensuring compliance and proper documentation for all payments, which helps prevent accidental misclassification.
By using Fyle to enforce documentation and proper categorization for all payments, you create a strong, transparent financial system that clearly distinguishes between deductible business expenses and non-deductible distributions of profit, protecting your business from costly tax reclassifications.