If you are not making a profit then in an audit the IRS will want to know if you have the intent to make a profit and the steps you are taking to become profitable. Why do you keep the business open if you keep having to feed it with personal funds or incurring more debt. Are you running at an artificial/paper loss due to depreciation or the 179 deduction.... do you take draws from the business at all.
An S-corp can make
distributions, but the rules are complex.
This article has a reasonably
clear discussion of what is required:
http://www.aicpa.org/Publications/TaxAdviser/2014/January/Pages/Nitti_jan2014.aspx
Also see the following IRS
discussion: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/S-Corporation-Stock-and-Debt-Basis
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
non-wage distributions 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
You also might want to read a lively
discussion on the Tax Almanac website here: http://www.taxalmanac.org/index.php/Discussion_Forum_-_Tax_Questions . The substance of the discussion seems
to be that taking a reasonable salary is not optional and, if you took
distributions with no salary, the distributions should be changed to salary
with appropriate employment tax returns being filed (late, if necessary.)
The fastest way to get audited as an
S-Corporation is to not report wages to officers on page 1 of the return.
