Seas wrote: ↑Mon Dec 02, 2019 5:58 pm
I think salary of $150K would fly
Based on what???
Gone are the days when someone primarily providing personal services can pay themselves a minority of their profits as wages. This is current IRS guidance
S Corporation Compensation and Medical Insurance Issues
The three major sources are:
- Services of of shareholder
- Services of non-shareholder employees or
- Capital and equipment
To the extent gross receipts are generated by services of non-shareholder employees and capital and equipment, payments to the shareholder would properly be treated as non-wage distributions that are not subject to employment taxes.
But to the extent gross receipts are generated by the shareholder's personal services, then payments to the shareholder-employee should be classified as wages that are subject to employment taxes.
By default, in a single employee S-Corp providing only personal services. It is presumed that 100% of the ordinary business income should be classified as wages. The burden is on the S-Corp 2% shareholder-employee to justify a lower salary.
The court decisions over the last decade have mostly focused on what an employee with your knowledge, skills an experience would receive as a salary in your COL area. Then that salary must be increased to reflect your managerial, marketing, administrative and financial roles.
Even if you are not a specified service trade or business (SSTB). The recent qualified business income (QBI) 20% deduction penalizes low single employee S-Corps with low percentage salaries eligible for the QBI deduction.
Everyone focuses on the phase-out of the QBI deduction based on taxable income of SSTBs. The same phase-out threshold (2019 MFJ = $321,400) is a phase-in of the W-2 wage limitation. This limits your QBI to 50% of your W-2 wages. This penalizes a single employee S-Corp with wages that are not 2X distributions.
It is crazy for high income S-Corps to be so focused on minimizing salary when after the maximum SS threshold they are only paying 2.9% FICA and maybe the ACA additional 0.9% Medicare surtax.