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Business & farm
A few comments:
- The initial year of an S corporation can be a learning process
- An S corporation should be paying a shareholder / employee a reasonable salary. The key here is "reasonable"; which is always a facts and circumstances situation. There is no bright line test.
- By not paying yourself a salary for 2021 and taking a significant distribution, you will have exposure. This is a hot issue for the IRS and understand that your return could possibly trigger an internal review leading to an actual IRS audit.
- If audited, there is a more likely than not position that the IRS will recharacterize some of the distribution as a wage. This will lead to late payroll tax return filings, penalties for late filing, change to your 1040 and additional tax due the IRS.
- As noted by @Anonymous_ currently your distribution is just that; a distribution. Since it appears that you have positive tax basis in your S corporation, this distribution is not taxable.
- I strongly recommend you consult with a tax professional to get an understanding of what would be considered a reasonable salary for your business. Being a sole shareholder, and I'm assuming driving the income, your wage will generally be at the higher end of "reasonable".
- We are now into the 10th month of 2022. If you have not fixed the wage issue, you need to do it quickly.
- I would also recommend getting a payroll service. Some CPA's provide this service as well. Don't procrastinate on getting this matter under control.
- https://www.irs.gov/businesses/small-businesses-self-employed/s-corporation-employees-shareholders-a...
*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.
Also keep in mind the date of replies, as tax law changes.
‎October 6, 2022
2:34 PM