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Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

These still don't seem to answer the question directly.  For the first 2 months I have transferred money from Business act to Personal act.  I paid my first quarterly estimate from the Business act against my personal soc security.  All taxes have been paid, I just don't have a W2 paycheck and I don't see anything that says you have to have a "paycheck".  I intend to claim a reasonable salary vs distribution, but nothing that has been replied to states it has to be classified each week.

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

The fastest way to get audited as an S-Corporation is to not report wages to officers on page 1 of the return - exactly on the RETURN......nothing says you must indicate on a weekly, biweekly, monthly paycheck because you can't.

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

OK ... let's get the terminology sorted out ... a "paycheck" doesn't have to be any special check or even be made using a payroll company.  You can still just write a check from the business account to yourself and deposit it into a personal bank account.  You may even pay estimated payments quarterly out of the personal account to cover federal & state income taxes, it should not be paid from your business account (that would then be considered a draw not a paycheck).  But they cannot cover the FICA taxes.  You cannot wait to file the FICA taxes on your tax return ... you will incur big penalties & headaches you don't want.

But  ... what you MUST  do is file payroll tax reports and pay the employer & employee FICA taxes in a timely manner.  You may be able to do monthly payroll reports but you will need to see what forms your state requires of you.    If you have no idea what I am talking about then get educated ... call a payroll company like ADP or a local company so you can get things set up correctly.  

I highly recommend you seek professional help getting your payroll & books set up correctly so you can avoid expensive penalties & interest in the future.  Since you told the IRS you wanted to be taxed as a business you need to comply with all the tax laws that entails.

<a rel="nofollow" target="_blank" href="https://www.irs.gov/businesses/small-businesses-self-employed/paying-yourself">https://www.irs.gov/b...>

<a rel="nofollow" target="_blank" href="https://www.irs.gov/uac/wage-compensation-for-s-corporation-officers">https://www.irs.gov/uac/wage-c...

<a rel="nofollow" target="_blank" href="https://www.irs.gov/businesses/small-businesses-self-employed/s-corporation-employees-shareholders-a...>

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

Thank you Critter this is an answer I can now truly respect, and rest assured i have paid all Payroll taxes as well as Fed and State.  I have also discussed with 2 accountants and settled with 1, I just see too many contradictions on the internet about cutting a "paycheck" or using a payroll.  I can agree with everything you have now said and it is clear what I am doing is fine.  Paying taxes out of the Business account is professional recommendation and does not impact the P&L

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

Payroll taxes paid thru the business including federal & state withholding is OK  but if you also need to send estimated tax payments those must be done thru the personal account.  So if you are filing the correct payroll tax forms (940/941/944/SUTA/FUTA) correctly you are on the right path.
bwa
Alumni
Alumni

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

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


Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

You need to pay wages.  Taking money out and paying self-employment tax isn't the same.  Can you explain how withdrawing money and paying fed, med, soc and state is not the same?  all taxes are paid, but why cut a paycheck and pay for additional services?

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

You are an employee and the business must file payroll tax forms timely ... <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p15.pdf">https://www.irs.gov/pub/irs-pdf/p15.pdf</a>
bendoe3
New Member

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

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.

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

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. 

ThomasM125
Expert Alumni

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

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.

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TKIDD
New Member

Single member llc and elected s corp. Is payroll with w2 required or can I transfer money, pay quarterly est taxes and when I file return indicate salary vs distribution.

how did this turn out? did you issue the W2?

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