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Jeff Louisville, a staff accountant, discusses how shareholders of closely held corporations can avoid constructive dividends on shareholder loans. To extract profits without incurring taxes, shareholders often consider treating distributions as loan repayments. However, the IRS has established criteria for what constitutes a bona fide shareholder loan. If the IRS finds that a distribution is not a genuine loan repayment during an audit, it may reclassify the payment as a taxable constructive dividend. To prevent this, shareholders should establish a valid loan agreement that is written and signed by both parties.