I'm getting a warning saying I overpaid my Roth because I didn't have enough "earned income". I pay myself a small salary for a SubS corp and get a K1. When I look at the IRS document
it says that it's Line 11 from my 1040, not "earned income". Does the K1 income count?
This has been the same situation for several years and I've never had this problem.
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@rvhatcher wrote:
Thanks, I understand now. But what's strange is that I had the same situation last year and it didn't trigger the warning. It's disappointing that the K1 which is income I earned in my little consulting company doesn't count.
If you have an S-corp, you must pay yourself a salary on a W-2 that represents fair compensation for the work you performed for the business, and it really should be equal to what you would have to pay someone else to manage the business or perform the same tasks. If the business has income that is more than the fair compensation for your own work, that flows to you on the K-1. (Passive income you earn off other people's work in the business, which is not the same as compensation for your own work.) It is illegal to set your compensation low for purposes of avoiding employment taxes.
You can only contribute to the IRA up to your compensation for work performed. You determined that your fair compensation for work performed was less than the amount you want to contribute to the IRA. It's your W-2 that controls, not some unfair IRS regulation. If your W-2 compensation is too low, you need to pay yourself a higher salary and pay the employment taxes that go with it. (W-2 compensation for S-corp owners is a leading audit issue, by the way.)
Your compensation is the amount in box 1 of your W-2 minus any amount in box 11. Nothing on the Schedule K-1 (Form 1120-S) is compensation.
The reference you provided is not a reference that defines compensation. It references Modified AGI for determining whether or not your income (not just compensation) is too high to make the contribution. The definition of compensation is in IRS Pub 590-A:
https://www.irs.gov/publications/p590a#en_US_2021_publink1000230355
Thanks, I understand now. But what's strange is that I had the same situation last year and it didn't trigger the warning. It's disappointing that the K1 which is income I earned in my little consulting company doesn't count.
@rvhatcher wrote:
Thanks, I understand now. But what's strange is that I had the same situation last year and it didn't trigger the warning. It's disappointing that the K1 which is income I earned in my little consulting company doesn't count.
If you have an S-corp, you must pay yourself a salary on a W-2 that represents fair compensation for the work you performed for the business, and it really should be equal to what you would have to pay someone else to manage the business or perform the same tasks. If the business has income that is more than the fair compensation for your own work, that flows to you on the K-1. (Passive income you earn off other people's work in the business, which is not the same as compensation for your own work.) It is illegal to set your compensation low for purposes of avoiding employment taxes.
You can only contribute to the IRA up to your compensation for work performed. You determined that your fair compensation for work performed was less than the amount you want to contribute to the IRA. It's your W-2 that controls, not some unfair IRS regulation. If your W-2 compensation is too low, you need to pay yourself a higher salary and pay the employment taxes that go with it. (W-2 compensation for S-corp owners is a leading audit issue, by the way.)
In my case, I am the only employee and have to pay myself a fair compensation, but my revenue is variable each year, sometimes $5k sometimes $10k, so I take W2 wages based on the average of the past five years. But, the amount over that, that flows to my 1040 IS actually earned by me because there is no one else.
But, in the Help section, at the bottom (see attachment) it says not to include income for partnerships for which you don't supply services. Implied here is that it would include partnerships for which I DO supply services, which is my case.
It's unfortunate however it is tax law. Your earnings from your 1120S-K1 where you do provide the services are not included in your total earnings to determine the amount of your allowed Roth IRA contributions. You can use the link to the publication below for more information. The definition of earnings does not include your profits from the S corporation because they are not part of the compensation definition as noted by our Tax Champ @Opus 17.
Compensation includes:
Compensation does not include:
@rvhatcher wrote:
In my case, I am the only employee and have to pay myself a fair compensation, but my revenue is variable each year, sometimes $5k sometimes $10k, so I take W2 wages based on the average of the past five years. But, the amount over that, that flows to my 1040 IS actually earned by me because there is no one else.
But, in the Help section, at the bottom (see attachment) it says not to include income for partnerships for which you don't supply services. Implied here is that it would include partnerships for which I DO supply services, which is my case.
Your averaging method might be acceptable as an audit issue for determining whether or not you are paying yourself a fair wage, but unfortunately that is not enough for purposes of making IRA contributions.
Also, an S-corp is not a partnership, it is a corporation. They are different entities under the tax laws. If you were self-employed or part of a partnership, your net earnings would be compensation (and would also be subject to self-employment tax on schedule SE). But you are not self-employed or in a partnership, you are an employee of a corporation. The fact that the you are the owner and only employee of the corporation does not change the fact that as an employee, you are covered by the rules for employees, not the rules for sole proprietors or partners. (There are many important differences between being a schedule C sole proprietorship as a disregarded entity, and being an S-corp, and this is one of them.)
Potentially, you could contribute to a 401(k) as an employee (although special rules apply to the owners of the corporation who are also employees), and your contribution limit might be higher than the IRA limit, but you could still never contribute more than your actual compensation for the year.
"But, the amount over that, that flows to my 1040 IS actually earned by me because there is no one else." It's earned by the corporation which is a separate tax entity from yourself. An S-corp passes through such income to you for inclusion on your individual tax return, but it is not compensation. Your compensation from the S-corp is only what is paid to you and reported on your W-2 for which the S-corp takes a deduction and pays FICA taxes.
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