2024-11-05
Let’s say that Joe owns 100% of Corp X. Corp X has $100 of cash in its bank account. Corp X transfers the $100 from its bank account to Joe’s bank account. How should you classify the transaction? Was it a dividend? A return of capital? A loan? Salary? Interest expense? Rent? Royalty? Purchase of an asset?
Often it is clear how to classify the transaction. However, sometimes it is difficult, especially for transactions between related parties, or when the contract terms are ambiguous. In Boulez v. Commr., 83 T.C. 584 (1984), the issue was whether certain payments received constituted royalty income or services income. If the payments were royalties, then they were exempt from U.S. tax under a treaty. On the other hand, if the payments were for services, they were subject to U.S. tax. The contract between Boulez and CBS Records was ambiguous. It stated:
For your services rendered * * * we will pay you the following royalties: * * *.
The Tax Court held that the payments were for services because royalties are generally received for another person’s use of property that you own. Since Boulez did not own the rights to the recordings (CBS Records owned them), Boulez could not have received royalties.
Our “Classification of Transactions” chart points to authorities that have classified various transactions. We recently updated the chart to include:
[On the chart, you will find Boulez between “Royalty” and “Service”.]