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Business paying back debt to individuals

Personal Finance & Money Asked by bunkerguy on June 19, 2021

I have a single member LLC (Missouri, United States) that I started a few years ago. We received approximately $20,000 in funding from family and friends, of which I did not fully understand the implications of at the time that it was done. It was never declared as any form of "investment" and did not grant any ownership of the company. It was money that was simply borrowed from people around us.

We are now at the point to be able to start paying back this money to the individuals. My question(s) now is the best way to pay them back.

  1. If we pay back exactly what was paid in, will we need to record these payments as income for the individuals (W9s) to where they have to pay taxes on it?
  2. We also plan on paying recurring percentages of business profits to these individuals after the initial amount is paid back, so what would be the implications and requirements to do that as well?
  3. Would payments to these individuals (either type) be an expense for the business to write off, or would they be taxed for us as well?

Finding the answers to these has been a little difficult since these were all personal friends/family, not banks or venture capitalists.

2 Answers

If it did not grant any ownership in the company, then it was a loan. A loan with "recurring percentages of business profits" sounds like a type of revenue share loan — let's call it a profit share loan.

If the terms haven't been discussed yet, then choose the terms that make sense for all parties.

For a revenue/profit share loan, the 'share' payments are considered to be loan interest. Interest income for the recipient means that your business can issue a 1099. Your business can also deduct the loan interest as a business expense.

Answered by Orange Coast- reinstate Monica on June 19, 2021

1 - It seems that they gave you a loan, interest free, in exchange for some benefit (in fact, a specified revenue stream). (There is no "gift" involved whatsoever. It's a completely normal business deal, as if you sold them a packet of gum.) So far there is nothing to do, say or report.

2 - Yes of course, obviously. If business B pays person P ten bucks in that situation, that is a ten buck cost, expense, for the business; and it is ten bucks income for the person. Obviously.

3 - Ditto, see (2).

Answered by Fattie on June 19, 2021

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