topic Re: No, a Single Member LLC cannot issue themselves a W-2. An... in Get your taxes done using TurboTax

Owner of single member llc paid himself on payroll and issued w2. is this ok? If not OK, how is this best corrected?

robert-1875 — Thu, 06 Jun 2019 14:28:39 GMT

You post indicates you are using TurboTax "Business", whi...

TaxGuyBill — Thu, 06 Jun 2019 14:28:41 GMT

You post indicates you are using TurboTax "Business", which is for Corporations and Partnerships. Is that correct?

Has your Single Member LLC filed the form to make the election to be taxed as a Corporation?

No. The LLC was created and started operation in 2017.

robert-1875 — Thu, 06 Jun 2019 14:28:42 GMT

No. The LLC was created and started operation in 2017.

Then as Helena said, you need to correct/cancel the W-2/W...

TaxGuyBill — Thu, 06 Jun 2019 14:28:46 GMT

Then as Helena said, you need to correct/cancel the W-2/W-3 and all of the associated payroll forms.

You can use either the "Self Employed" Online version, or better yet, any of the CD/downloaded versions (the "Home & Business" version may give you more guidance).

No, a Single Member LLC cannot issue themselves a W-2. An...

HelenaC — Thu, 06 Jun 2019 14:28:47 GMT

No, a Single Member LLC cannot issue themselves a W-2. An individual owner of a single-member LLC that operates a trade or business is subject to the tax on net earnings from self employment in the same manner as a sole proprietorship. You are not allowed to deduct wages you pay yourself. Net earnings are reported on Form 1040 Schedule C, Profit or Loss from Business (Sole Proprietorship) .

You must amend your Payroll Tax Returns to reverse your payroll. For additional information, click on Correcting Employment Taxes | Internal Revenue Service - IRS.gov.

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

Accountantmom — Tue, 22 Oct 2019 15:26:42 GMT

What happens if the single member LLC filed taxes with the W-2 - meaning this was and error for 2018? Can the the 941s be amended and a corrected 2018 W-2 be completed to show wages in box 1 as zero? I am assuming a corrected W-2 would be necessary to correct their 2018 individual tax return?! Thanks!

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

Anonymous_ — Tue, 22 Oct 2019 15:33:30 GMT

@Accountantmom wrote:

I am assuming a corrected W-2 would be necessary to correct their 2018 individual tax return?!

Yes, you can prepare and file a corrected form W-2 and 941-X (and/or an amended 940).

Re: Owner of single member llc paid himself on payroll and issued w2. is this ok? If not OK, how is this best corrected?

BLafleur — Mon, 13 Jan 2020 18:06:49 GMT

Not a reply, but a related question......

A single member LLC (daycare) is owned by single member LLC (Properties). (Basically the same person owns both businesses, but on paper Properties, LLC owns Daycare, LLC) Can the owner of Properties, LLC be paid a W2 wages by the Daycare, LLC?

Re: Owner of single member llc paid himself on payroll and issued w2. is this ok? If not OK, how is this best corrected?

Carl — Mon, 13 Jan 2020 19:09:28 GMT

An LLC be it single member or multi-member is considered to be a disregarded entity by the IRS. Under no circumstances and with no exceptions can an LLC issue the owner(s) of that LLC a tax reporting document of any type. There are no exceptions.

Now what makes your post unclear is that you "say" you have a single member LLC. However, you have indicated that you are using TurboTax Business (different from Home & Business.) TurboTax Business flat out can not be used to file a tax return for a single member LLC. Period. So either you incorrectly indicated what flavor of TurboTax you are using, or you filed the appropriate forms with the IRS to have your single member LLC "treated like an S-Corp" (or C_Corp) for tax purposes only. *THIS MATTERS* big time, because the owner of a corporation "can" be a W-2 employee of that corporation, be it an S-Corp or a C-Corp.

So you may need to provide some clarity here to confirm that the information you are being provided is correct for your specific and explicit situation.

Re: Owner of single member llc paid himself on payroll and issued w2. is this ok? If not OK, how is this best corrected?

BLafleur — Mon, 13 Jan 2020 21:01:19 GMT

Carl, Turbotax is not being used at all here.

Both LLC's are Single member and are not treated as a corp.

Lady owns single member LLC, Properties, LLC. Properties, LLC owns single member Daycare, LLC.

Can Daycare LLC pay Lady W-2 wages?

Re: Owner of single member llc paid himself on payroll and issued w2. is this ok? If not OK, how ...

AmyC — Mon, 13 Jan 2020 21:07:12 GMT

A single member LLC is a legal entity with a choice of tax filing between: 1) a disregarded non-entity filing a schedule C on their personal tax return or 2) requesting to be taxed as an S Corp. If you are an S corp, you are to be paid with a w2 and you did the right things. If you are not an S corp, then you do not pay yourself with a w2.

From this point, you can either file the from 8832 requesting to be an S corp or you can reverse all the payroll. The IRS has a business center which explains the business structures. You may want to look at the IRS structures by clicking the blue words.

Re: Owner of single member llc paid himself on payroll and issued w2. is this ok? If not OK, how is this best corrected?

Anonymous_ — Mon, 13 Jan 2020 21:11:25 GMT

@BLafleur wrote:
Lady owns single member LLC, Properties, LLC. Properties, LLC owns single member Daycare, LLC.

Can Daycare LLC pay Lady W-2 wages?

No. Daycare, LLC is essentially a subsidiary of Properties, LLC but both would be considered to be disregarded entities for federal income tax purposes as a result of having one, and the same, owner (in the absence of an election to be taxed as a corporation).

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

Danielschwartz7 — Tue, 07 Apr 2020 03:31:48 GMT

Hello all! Thank you everybody for all the great insight.

I want to verify whether everything written here would also apply to a multi-member LLC that elects to be treated as a partnership? If an owner of a multi-member LLC has received W-2 income from that LLC on a prior tax return, how should this be addressed? Thank you all for your help!

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

ThomasM125 — Tue, 07 Apr 2020 03:58:53 GMT

It's not necessary for a partner to receive a W-2 form, since that individual can pay in his or her own social security tax when filing their personal tax return, but you can issue a W-2 if you want to.

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

lychen2005 — Thu, 16 Apr 2020 02:47:53 GMT

Are you able to elaborate if a single member LLC (which you said can not issue W2) can contribute to a 401K solo plan based on IRS guideline of self-employed earn income? The below sentence from IRS website seems to indicate I can pay myself for the retirement fund contribution, and is before tax.

elective deferrals up to 100% of compensation (“earned income” in the case of a self-employed individual) up to the annual contribution limit:

$19,500 in 2020, or $26,000 in 2020 if age 50 or over ($19,000 in 2019, or $25,000 in 2019 if age 50 or over)

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

KrisD15 — Thu, 16 Apr 2020 03:07:29 GMT

Yes. You can setup a SEP plan or Solo 401K.

The deadline for contributing is extended along with the tax filing deadline to July 15th, 2020.

IRS link on SEP

Solo 401k

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

mark-makuch — Thu, 18 Jun 2020 17:48:16 GMT

I agree with this and have understood it to be so for my whole career, but when I was challenged to back it up recently, I could find lots of posts like your answer, from self assured accountants like myself, but I actually couldn't find it written down anywhere official, in an IRS pub or the Code or Regs. I see things that say 'you're subject to SE tax', but nothing that specifically says 'you may NOT pay yourself as an employee' and it would be helpful to be able to point people to such a thing. Do you have a cite, or are you like me and you just have always trusted that this is so?

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

RobertG — Sun, 21 Jun 2020 16:42:03 GMT

If you are an LLC that has not elected to be treated as a corporation, you are either a partnership or a sole proprietorship.

Partners are not employees and should not be issued a Form W-2 in lieu of Form 1065, Schedule K-1, for distributions or guaranteed payments from the partnership. https://www.irs.gov/businesses/small-businesses-self-employed/paying-yourself#2

You cannot deduct your own salary or any personal withdrawals you make from your business. As a sole proprietor, you are not an employee of the business. https://www.irs.gov/publications/p334#en_US_2019_publink100033111

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

Anonymous_ — Sun, 21 Jun 2020 17:12:10 GMT

@mark-makuch wrote:

....I see things that say 'you're subject to SE tax', but nothing that specifically says 'you may NOT pay yourself as an employee' and it would be helpful to be able to point people to such a thing. Do you have a cite, or are you like me and you just have always trusted that this is so?

There is no definition of "employee" in the Code, to the best of my knowledge, but an individual is deemed to be an employee if that person meets the requirements set forth in Treas. Reg. §31.3401(c)-1.

I would also refer you to Rev. Rul. 87-41.

Further, I doubt whether the IRS could more clear on this issue in the following topic relating to partnerships.

https://www.irs.gov/businesses/small-businesses-self-employed/partnerships

Re: No, a Single Member LLC cannot issue themselves a W-2. An...

mark-makuch — Mon, 29 Jun 2020 16:20:21 GMT

Thank you but as far as I can tell you're still leaving us at the same place, where one might infer that a sole proprietor or single member llc owner can't put himself on payroll, but it doesn't explicitly say that. Keep in mind I agree with your inference, but sometimes we are all challenged by clients who say 'where does it specifically say that I can't put myself on payroll' and I don't see where either of those links leads to a statement anywhere near that clear. Again, I agree you're not supposed to do it. But I'd like to see it spelled out for support. If you can point me to specific language in those cites that gives a clear answer, please do. I don't see it.