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You need to pay wages. Taking money out and paying self-employment tax isn't the same.
As I've seen stated elsewhere, the fastest way to get audited as an S-Corporation is to not report wages to officers on page 1 of the return when other distributions are made. 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 a non-wage distribution 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
Hi @davegardiner3 ,
Thanks for starting this thread last year. I am in a very similar situation this year at filing time. What did you ultimately decide to do, either based on the advice in this forum or professional advice? Thanks in advance.
You do not need to give yourself a weekly or biweekly paycheck. When you file your taxes you say what $ amount was salary and what $ amount was dividend. As long as you make your quarterly tax payments and file your returns the govt could care less if you paid yourself in 1 lump sum, 365 daily amounts or bi weekly. They just want to know what was salary so they can calculate taxes off that.
The issue is whether you are paying in social security and medicare taxes, as well as federal unemployment taxes. That is why you have to pay a reasonable salary, so you are contributing to your government mandated social security and medicare account.
You can't establish an S corporation as a means to avoid payroll taxes. Everyone that earns compensation has to pay in to the social security system. You do that by filing a W-2 form and 941 forms to pay in federal income tax and contributions to social security and medicare.
If you are self-employed or a member of an LLC filing taxes as a partnership, you pay in self-employment tax based on your net income. If you are an S corporation, your net income is not subject to self-employment tax. So you have to pay a reasonable salary in order to pay in your self-employment (social security/medicare) tax.
how did this turn out? did you issue the W2?
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