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S Corp Creates IRS Red Flag

Diane Kennedy's picture

The IRS tells us that the kinder, gentler days are gone. They are after you, looking for more tax revenue. The funny thing is that they tell the CPAs what the red flags are. Here’s one mistake you don’t want to make with your S Corporation. It’s a red flag says the IRS.

There are two ways that you can take income out of an S Corporation: (1) You can take it out as salary and (2) You can take it out as a distribution. The salary is subject to payroll taxes. The distribution is not. So, it didn’t take long for S Corporation owners to figure out it was better to take a distribution then a salary.

The rules say that an S Corporation shareholder needs to take a salary based on what would be reasonable to pay someone else who did that job. What’s left can then be taken as a distribution. The IRS is auditing anyone who has an S Corporation with a profit and that doesn’t show a salary to the officers. If they find that someone should have taken a salary, and did not, then they will claim that all distribution is subject to payroll taxes and hit you with a lot of interest and penalties. Be careful of this one!

The IRS is getting tougher. It has never been more important to make sure you have good records, solid accounting and check in with your DKAffiliated CPA more than just once a year.

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BillB@TL's picture

Diane, your advice to check in with your accountant more than once a year is so very solid, but unfortunately many people put it off until a problem does come up. I’ve had a favorite quote for years, and try to convey it to anyone I work with: “It is far easier for me to KEEP you out of trouble, than to GET you out of trouble.”

Thank you for the heads-up on the S-corporation red flag, and for reminding us all to check in more than just at tax time.

Diane i have been kind of confused about distribution, can we as owners just take it out of our business account at anytime and call it distribution or is there some special record keeping and separate accounts that need to be held like payroll. I guess i was wondering how to report and keep track of distribution.

Diane:

Does this issue apply to an LLC taxed as an S-Corp as well? Also, if I have SFR’s in the aforementioned entity, and I have a property manager taking care of the properties, do I have a “job” as far as the IRA is concerned that would necessitate that I be paid a salary?

Thanks.

Jim

Diane, if an S corp files BK, does the debt relief become taxable income that is flowed through to each of the S owners?

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