If you’re looking for inventory at very low prices, Target returns may be a good way to go. Liquidation: “Financial Hardship” has been defined as the inability to pay for: (i) food and clothing; (ii) out of pocket health care expenses; (iii) housing and utilities; and (iv) transportation; The guidelines regarding Protective Bids have been modified to include a “prudent lender” exception for circumstances not reflected in the appraisal, but otherwise documented in the loan file; Federal redemption rights may only be released for 50% of the Recoverable Value after the senior lienholder’s foreclosure sale has been confirmed; Thresholds for mandatory liquidation of real and personal property collateral have been raised to ,000 and ,000, respectively; Guidelines regarding Offer in Compromise have been expanded to include OIC’s for going concerns; A “Feasibility Test” has been articulated for use in connection with proposed loan workouts; CPC expense reimbursements may only be submitted: (i) with the guaranty purchase package; (ii) when the outstanding expenses exceed ,000 per loan; or (iii) with the wrap-up report; Lenders are encouraged to explain missing documents and provide estimates of repairs for deficiencies leading to material losses in the guaranty purchase package; The definition of “Material Loss” has been increased to ,000 for personal property, and ,000 for real property collateral; and Full denial of a guaranty is generally appropriate if a lender uses a suspended or debarred loan agent to prepare its loan application package.
Your accountant and lawyer can help you contact and negotiate with creditors. This record will help you file your taxes and explain your business liquidation to the Internal Revenue Service. Evaluate and identify which items you can liquidate. Each piece of furniture and equipment has value; find out what it is by researching what it sells for both new and used at auction websites and in classified ads. Many suppliers will take back their inventory and give you a refund.
Keeping good records of your property and what happens to it will protect you in case a creditor later questions your liquidation of assets or in case you have to file for bankruptcy.
You will also need this information for your tax returns.
331, a liquidating distribution is considered to be full payment in exchange for the shareholder’s stock, rather than a dividend distribution, to the extent of the corporation’s earnings and profits (E&P).
The shareholders generally recognize gain (or loss) in an amount equal to the difference between the fair market value (FMV) of the assets received (whether they are cash, other property, or both) and the adjusted basis of the stock surrendered.