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Question

In 2008 My business (sole prop) incorporated effective 07/01/08. Only 2 officers (50/50 wife & I)We had never paid ourselves a salary as sole prop. We did not think about that after we incorporated.After a good last 2 qtrs. of '08 we wound up with 50K+ each (ordinary business income) on our corp K-1's. We just filed our taxes 10/15/09 after filing an extension this year..Are we in for problems or a big bill from the IRS because we did not pay ourselves this income as salary on W-2 as opposed to simply showing this as profit like we would have (and have done previously) as a sole proprietorship?

Submitted: 36 days and 3 hours ago.
Category: Tax
Value: $30
Status: CLOSED
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State/Country relating to question: North Carolina

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Posted by LEV 36 days and 2 hours ago.

Info Request

Please clarify what do you mean under "business (sole prop) incorporated"

What is your business legal status?

Is it C-corporation? S-corporation? LLC? Partnership? other?

Please explain...

36 days and 2 hours ago.

Reply

We have always been a sole proprietorship until we incorporated to an S-Corp 07/01/08 so we filed a form 1120S for 2008 which shows $111966 of ordinary business income divided 50/50 between my wife & I on K-1's . and we did take any salary (reported on W-2)as officers. We had not had W2 income previously as sole proprietorsip.

Posted by LEV 36 days and 2 hours ago.

Answer

Ok - it is clear now.

So - you have following income:

self-employment income for 6 months - which to be reported on the schedule C

wages income - from Was - will be reported on the form 1040 line 7

distribution from S-corporation - from K-1s - will be reported on the schedule E part II - http://www.irs.gov/pub/irs-pdf/f1040se.pdf

 

The IRS requited for S-corporation to pay reasonable wages to shareholders.

Employee wages are subject to FICA tax (Social Security and Medicare) 15.3% - half of which is paid by the employer and half should be withheld from employee's wages.

FICA taxes should be remitted to the IRS and employment tax return - Form 940 - is required.

If you did not do that - you need to do as soon as possible and most likely will owe penalties.

 

Let me know if you need any help.

 

36 days and 2 hours ago.

Reply

That is correct..

.so you are saying that the IRS will most likely view the entire $111956 showing as "ordinary business income" from the K-1's as "wages to shareholders" and we will likely owe FICA on all of that?

Or ...if not ...and we did not pay ourselves any W2 wages how much of that $111956 will they likely consider to be "reasonable wages" and require us to pay the FICA taxes on ?

Accepted Answer

If you would not separate wages and dividends - that is most likely what the IRS treatment would be...

The IRS in case of audit will not determine your "reasonable wages" - that is your responsibility.

If you area and in your occupation employees are usually paid $15 per hour - that would be considered a reasonable wages.

Here is IRS view on Wage Compensation for S Corporation Officers

 

The income above reasonable wages may be distributed as dividends - and it will not be subject of FICA - that is a main tax advantage of having S-corporation.

 

Let me know if you need any help.

 

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Expert: LEV
Pos. Feedback: 99.3 %
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Answered: 10/17/2009

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