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Nov 22, 2020 10:22 PM UTC
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    Level 15
    Nov 22, 2020 10:44 PM UTC

    In terms of providing services to the S corporation as the sole shareholder, you would not be considered "self-employed".

    3 replies

    Level 15
    Nov 22, 2020 10:44 PM UTC

    In terms of providing services to the S corporation as the sole shareholder, you would not be considered "self-employed".

    Critter-3
    Level 15
    Nov 22, 2020 10:48 PM UTC

    a CPA should know better ... seek another opinion asap as mentioned in your other post.  Maybe he misunderstood your bookkeeping and thinks you did payroll.  

    Nov 22, 2020 10:49 PM UTC

    Breaking the Law! – Revenue Ruling 74-44; IRC §3121(d) specifically states that an officer of a corporation is considered an employee “subject to payroll taxes on remuneration paid to services performed.” Also, the Tax Court Case Sean LTD. versus Commissioner (Summary Opinion 2013-62) states that a salary cannot be in the form of shareholder distributions or 1099-MISC payments.

     

     

    as to your other question see a pro who can look at the activity.    An S Corp can be the worse way possible to conduct passive activities especially real estate rental.   one of the major problems that those who don't know the tax laws is that an S-corp shareholder can only deduct losses up to basis. it is not uncommon for real estate rental to produce losses due to depreciation.  Also, non-recourse financing (ie mortgages) does not add to s/h basis.  Or you could be trading stocks.    

     

    the IRS has many rules concerning passive activities conducted by an S_corp. 

     


    If a shareholder or a member of the
    family of one or more shareholders of the
    corporation renders services or furnishes
    capital to the corporation for which
    reasonable compensation isn’t paid, the
    IRS may make adjustments in the items
    taken into account by such individuals to
    reflect the value of such services or
    capital. IRC Code Sec 1366(e).