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Old 08-02-2006, 06:54 AM
Bill Brown
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Default Re: withdrawing S-corp earnings

hnsl wrote:
- quote -

> Bill Brown wrote:

> > Uh oh. I'd be willing to bet that upon audit the IRS would
> > assert that any withdrawals beyond wages should be
> > reclassified as wages. All the S-corp profits appear to be
> > generated by your personal efforts as a "glorified
> > carpenter."


> On the contrary, Bill. There are other factors which
> militate against everything being classified as wages, e.g.
> goodwill, trade name, investment in assets.


I don't see a carpenter having much invested in assets - a
few thousands, perhaps, but not enough to dissuade an IRS
auditor. The OP said he had no employees. Again, the OP
seems to describe a situation in which virtually all the
profits are generated by his personal labor. If he has
"goodwill," he generated that with his personal labor, too.

I'm not saying all profits risk being reclassified as wages,
just distributions of profits in excess of wages.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #1  
Old 08-01-2006, 08:59 PM
hnsl
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Posts: n/a
Default Re: withdrawing S-corp earnings

Bill Brown wrote:
- quote -

> John/Charleston wrote:

> > I am sole owner and sole employee of an s-corp. I pay
> > myself a wage on a quarterly basis and the corp has earnings
> > above and beyond that wage that I usually withdraw (minus a
> > minimal amt for operating expenses) at the first of each
> > year.


> <<SNIP>
> > Also, how is the "fair compensation" for my work decided?
> > I am a building contractor, state licensed, but I'm
> > basically a glorified carpenter who works alone and
> > sometimes does "handyman" level work. I don't pay myself
> > much wages-wise but how do I know if I'm paying myself
> > enough to keep out of trouble with the IRS?


> Uh oh. I'd be willing to bet that upon audit the IRS would
> assert that any withdrawals beyond wages should be
> reclassified as wages. All the S-corp profits appear to be
> generated by your personal efforts as a "glorified
> carpenter."


On the contrary, Bill. There are other factors which
militate against everything being classified as wages, e.g.
goodwill, trade name, investment in assets.

In short, everything depends on what IRS calls "F&C" - facts
and circumstances. And no two businesses are alike.

ChEAr$,
Harlan

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 08-01-2006, 04:22 AM
Bill Brown
Guest
 
Posts: n/a
Default Re: withdrawing S-corp earnings

John/Charleston wrote:

- quote -

> I am sole owner and sole employee of an s-corp. I pay
> myself a wage on a quarterly basis and the corp has earnings
> above and beyond that wage that I usually withdraw (minus a
> minimal amt for operating expenses) at the first of each
> year.


<<SNIP>
- quote -

> Also, how is the "fair compensation" for my work decided?
> I am a building contractor, state licensed, but I'm
> basically a glorified carpenter who works alone and
> sometimes does "handyman" level work. I don't pay myself
> much wages-wise but how do I know if I'm paying myself
> enough to keep out of trouble with the IRS?


Uh oh. I'd be willing to bet that upon audit the IRS would
assert that any withdrawals beyond wages should be
reclassified as wages. All the S-corp profits appear to be
generated by your personal efforts as a "glorified
carpenter."

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 07-27-2006, 05:21 AM
John/Charleston
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Posts: n/a
Default withdrawing S-corp earnings

I am sole owner and sole employee of an s-corp. I pay
myself a wage on a quarterly basis and the corp has earnings
above and beyond that wage that I usually withdraw (minus a
minimal amt for operating expenses) at the first of each
year.

This year I'm in need of money above the wages my corp pays
me. I'd rather not increase my wage as I'd then have to
pay SS taxes on that money but am I allowed to just withdraw
excess money at any time from my s-corp? Or do I need to
wait til the end of the year?

Also, how is the "fair compensation" for my work decided?
I am a building contractor, state licensed, but I'm
basically a glorified carpenter who works alone and
sometimes does "handyman" level work. I don't pay myself
much wages-wise but how do I know if I'm paying myself
enough to keep out of trouble with the IRS?

Thanks,
John

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

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earnings, scorp, withdrawing
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