- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Paying myself 1120s...Filing business tax return
I am a very small consulting business and for 2016, I only had 4 month of income so, I didnt take anything out of my business income. For 2017, I have entire year but still my business income is low but i did make 5-6 ATM cash withdrawls. Are these withdrawls considered as salary? Should i just report that? If yes, where should i report it on my 1120s? Thanks a lot
Accepted Solutions
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Paying myself 1120s...Filing business tax return
NO ... they are not a salary so do not put it on the return as such as this will get you audited. ONLY put officer wages/salary on the 1120-S when you issue yourself a W-2 at the end of the year AND file all the appropriate payroll tax returns during the year.
The 1120-S is a pass thru entity so whatever money is not paid out for expenses is automatically taxed to you on your personal return as reported on the K-1 that is issued.
Get help with payroll questions if you are not sure how to do them ... also find out what is required locally ...
The IRS position is
that an S-Corporation MUST pay a reasonable compensation to an officer before
non-wage distributions may be made. The reason is that they feel that
non-wage distributions when no wages are paid is an avoidance of social
security taxes. From the IRS website at http://www.irs.gov/businesses/small/article/0,,id=203100,00.html :
"Reasonable Compensation
S corporations must pay reasonable
compensation to a shareholder-employee in return for services that the employee
provides to the corporation before non-wage distributions may be made to the
shareholder-employee. The amount of reasonable compensation will never exceed
the amount received by the shareholder either directly or indirectly.
Distributions and other payments by an S
corporation to a corporate officer must be treated as wages to the extent the
amounts are reasonable compensation for the service rendered to the
corporation.
Several court cases support the authority of
the IRS to reclassify other forms of payments to a shareholder-employee as a
wage expense and subject to employment taxes."
The page cites Joly vs. Commissioner, 211 F.3d
1269 (6th Cir., 2000) as one judicial finding on the IRS's authority to
reclassify distributions to wages subject to employment taxes. Factors to
determine reasonable compensation are given in the ruling.
The AICPA has an interesting article on this
topic here: http://www.aicpa.org/publications/taxadviser/2011/august/pages/nitti_aug2011.aspx
You also might want to read a lively
discussion on the Tax Almanac website here: http://www.taxalmanac.org/index.php/Discussion_Forum_-_Tax_Questions . The substance of the discussion seems
to be that taking a reasonable salary is not optional and, if you took
distributions with no salary, the distributions should be changed to salary
with appropriate employment tax returns being filed (late, if necessary.)
The
fastest way to get audited as an S-Corporation is to not report wages to
officers on page 1 of the return.
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Paying myself 1120s...Filing business tax return
NO ... they are not a salary so do not put it on the return as such as this will get you audited. ONLY put officer wages/salary on the 1120-S when you issue yourself a W-2 at the end of the year AND file all the appropriate payroll tax returns during the year.
The 1120-S is a pass thru entity so whatever money is not paid out for expenses is automatically taxed to you on your personal return as reported on the K-1 that is issued.
Get help with payroll questions if you are not sure how to do them ... also find out what is required locally ...
The IRS position is
that an S-Corporation MUST pay a reasonable compensation to an officer before
non-wage distributions may be made. The reason is that they feel that
non-wage distributions when no wages are paid is an avoidance of social
security taxes. From the IRS website at http://www.irs.gov/businesses/small/article/0,,id=203100,00.html :
"Reasonable Compensation
S corporations must pay reasonable
compensation to a shareholder-employee in return for services that the employee
provides to the corporation before non-wage distributions may be made to the
shareholder-employee. The amount of reasonable compensation will never exceed
the amount received by the shareholder either directly or indirectly.
Distributions and other payments by an S
corporation to a corporate officer must be treated as wages to the extent the
amounts are reasonable compensation for the service rendered to the
corporation.
Several court cases support the authority of
the IRS to reclassify other forms of payments to a shareholder-employee as a
wage expense and subject to employment taxes."
The page cites Joly vs. Commissioner, 211 F.3d
1269 (6th Cir., 2000) as one judicial finding on the IRS's authority to
reclassify distributions to wages subject to employment taxes. Factors to
determine reasonable compensation are given in the ruling.
The AICPA has an interesting article on this
topic here: http://www.aicpa.org/publications/taxadviser/2011/august/pages/nitti_aug2011.aspx
You also might want to read a lively
discussion on the Tax Almanac website here: http://www.taxalmanac.org/index.php/Discussion_Forum_-_Tax_Questions . The substance of the discussion seems
to be that taking a reasonable salary is not optional and, if you took
distributions with no salary, the distributions should be changed to salary
with appropriate employment tax returns being filed (late, if necessary.)
The
fastest way to get audited as an S-Corporation is to not report wages to
officers on page 1 of the return.
Still have questions?
Or browse the Forums