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I'm dealing with this exact same situation with my S-Corp that I started in 2023! Reading through all these responses has been incredibly eye-opening - I had no idea the IRS was so strict about the salary requirement even when you're not taking distributions. Like you, I've been reinvesting everything back into growing the business and haven't taken a penny out personally. I was actually hoping I could avoid the whole payroll setup complexity until I started taking money out, but it sounds like that's not an option. The documentation aspect that several people mentioned really resonates with me. I think that's been my biggest mistake - not keeping records of my decision-making process around compensation. I've been so focused on just running the business that I haven't been thinking about creating that paper trail for potential IRS scrutiny. Based on all the advice here, it sounds like I need to: 1) Research comparable salaries in my industry and area, 2) Set a reasonable but affordable salary (maybe 60-70% of market rate given cash flow constraints), 3) Document my reasoning with a formal board resolution, and 4) Set up proper payroll processing. This thread has been a huge wake-up call. Better to get compliant now than deal with potential reclassification and penalties later. Thanks everyone for sharing your experiences - this kind of real-world guidance is so much more helpful than trying to parse through IRS publications!
You're absolutely right about this being a wake-up call! I just went through this exact realization with my own S-Corp earlier this year. It's funny how you can get so caught up in the day-to-day operations that you miss these critical compliance pieces. Your action plan sounds solid, especially the documentation part. One thing I'd add based on my recent experience - when you're doing that market research, make sure to look at both full-time and part-time rates for your type of work. Since cash flow is tight, you might be able to justify a salary based on part-time equivalent hours even if you're working full-time, as long as you can document that the business genuinely can't afford more right now. Also, don't let the payroll setup intimidate you too much. I was dreading it too, but services like Gusto or QuickBooks Payroll make it pretty straightforward. The monthly cost is way less than what you'd pay in penalties if the IRS decides to reclassify your future distributions as wages. The sooner you get this sorted, the better you'll sleep at night knowing you're fully compliant. Good luck with getting everything set up!
This is such a great thread - I've learned so much from everyone's experiences! I'm in a similar situation with my S-Corp (started in 2022, sole owner, reinvesting everything) and had been putting off the salary question hoping it would somehow resolve itself. What really stands out to me from all these responses is the consistency of the message: the IRS doesn't care whether you take distributions or not - if you're actively working in the business, you need reasonable compensation as an employee. The documentation aspect everyone mentions makes total sense too. I think the key insight for those of us in cash-tight growth phases is that "reasonable" doesn't necessarily mean "full market rate." It sounds like you can justify a lower salary based on business financial constraints, but it needs to be genuinely reasonable - not artificially low to dodge payroll taxes. For the OP's situation with $33k in profit after expenses, setting aside $25-30k for salary (as several people suggested) seems like a good balance between compliance and cash flow management. The remaining amount stays in the business for growth, and you can always increase the salary as revenue grows. Thanks to everyone who shared their real experiences - especially those who dealt with IRS audits or got professional guidance. This kind of practical advice is invaluable for navigating S-Corp compliance!
I'm so glad I found this thread! As someone who just started an S-Corp in late 2024, this whole salary requirement thing has been keeping me up at night. I had heard conflicting advice from different sources, but seeing everyone's real experiences here makes it crystal clear - I definitely need to get my payroll set up ASAP. The point about documentation really hit home. I've been so focused on just keeping the business running that I haven't been thinking about creating records to justify my compensation decisions. It sounds like I need to start researching comparable salaries in my industry and documenting my reasoning, even if I end up on the lower end due to cash flow constraints. One question for those who've been through this - when you say "reasonable" salary can be adjusted for business financial constraints, is there a minimum threshold the IRS looks for? Like, could someone justify $15k if that's genuinely all the business can afford after necessary expenses, or is there some baseline they expect regardless of profitability? I'm in a service business similar to consulting, and while I'm working full-time hours, the revenue is still pretty modest in this first year. Trying to figure out how low is too low before it becomes obviously unreasonable.
Just wanted to share my experience with this exact situation! I had multiple Roth IRA contributions throughout 2023 and then got hit with a surprise year-end bonus that pushed me over the income limit. The key thing I learned is that you absolutely need to act quickly - the deadline is firm. My broker (Schwab) was actually really helpful once I got to the right department. They have a specialized team that handles excess contribution returns and they did all the earnings calculations for me using the method described above. One thing that wasn't immediately clear to me: when you withdraw the excess contribution plus earnings, the contribution amount comes back to you tax-free (since it was post-tax money), but the earnings portion gets added to your taxable income for the year you receive the distribution. So make sure you're prepared for that tax hit! Also, if you're close to income limits in the future, definitely consider the backdoor Roth strategy mentioned by others. It's a bit more paperwork but saves you from this whole headache.
Thanks for sharing your experience! I'm curious - when you say Schwab has a specialized team for this, did you have to ask specifically for them or did they transfer you automatically when you mentioned excess contributions? I'm wondering if I should try calling Fidelity again and asking for a specific department. Also, you mentioned the earnings get added to taxable income - do you know if there are any early withdrawal penalties on top of that, or is it just the regular income tax on the earnings portion?
I went through this same situation last year with Fidelity! You're absolutely right that the calculation can be confusing, especially with multiple contributions. Here's what I learned from my experience: Fidelity does have a specific form called "Return of Excess Contribution" that you can find in their forms library online. When you call, ask specifically for the "retirement account excess contribution department" - they'll transfer you to specialists who handle this all the time and actually know the calculation methods. Regarding your question about tracking each contribution separately - you don't need to! The IRS allows you to use the account value immediately before your first contribution for the tax year as your starting point, then your current balance as the ending point. The formula you mentioned is correct. One important thing I discovered: if you're doing this for 2024 contributions, you have until your 2024 tax filing deadline (including extensions) to fix it without penalty. But don't wait - the earnings calculation keeps changing as your account value fluctuates. Also, just to echo what others said about the tax implications - the contribution itself comes back tax-free, but any earnings on the excess contribution will be taxable income in the year you receive the distribution. Fidelity will send you a 1099-R showing the earnings portion.
This is super helpful, thank you! I'm definitely going to call back and ask specifically for the "retirement account excess contribution department" - that's exactly the kind of insider tip I needed. Quick question about the timeline - when you say I have until the tax filing deadline, does that mean April 15th 2025 for 2024 contributions, or does it include the extension period automatically? I want to make sure I understand the exact deadline since you mentioned not to wait due to the fluctuating account values. Also, did Fidelity charge any fees for processing the excess contribution return? I'm trying to budget for all the costs associated with fixing this mistake.
Thanks everyone for all the great suggestions! I'm definitely going to try a few of these options. The automatic document scanning feature that @Ethan Clark mentioned with taxr.ai sounds really appealing since I hate manually entering all those 1099 boxes - I always worry I'm going to mess something up. I'm also intrigued by the VITA program @Emma Johnson suggested. I didn't know that was a thing! Having someone walk through everything with me in person might be worth it for peace of mind, especially since this is my first year dealing with multiple 1099s. Quick question for anyone who's used these services - do any of them handle estimated tax payments for next year? Since I'll probably have similar 1099 income next year, I want to make sure I don't get hit with underpayment penalties.
Great question about estimated taxes! Most of the software options mentioned (FreeTaxUSA, TaxAct, Cash App Taxes) do include estimated tax calculators that will help you figure out what to pay quarterly next year based on your current year's income. They'll usually suggest amounts and give you vouchers you can print out or set up online payments. VITA volunteers are also trained to help with estimated tax planning - that's actually one of the really valuable things about going that route since they can walk you through the whole process and explain why you might need to make quarterly payments. If you end up going with the document scanning route (taxr.ai), I'd double-check that they include estimated tax planning in their free version. The traditional software providers usually include this as a standard feature, but newer services sometimes focus more on the current year filing and less on planning ahead. Either way, definitely worth setting up those quarterly payments if you're expecting similar 1099 income next year - learned that lesson the hard way my first year freelancing!
I've been in a similar situation and ended up using a combination approach that worked really well. For the actual filing, I went with FreeTaxUSA since it truly handles all 1099 forms for free (federal), but I also used one of those document scanning services mentioned here to extract all the data first, then manually entered it into FreeTaxUSA. This gave me the best of both worlds - the accuracy of automated data extraction without worrying about hidden fees. The scanning caught details I probably would have missed, and FreeTaxUSA's interface made it easy to double-check everything was entered correctly. One tip: if you do go the manual entry route with any software, take photos of all your forms with your phone first. That way if you get interrupted or the software times out, you don't have to dig through all your paperwork again. Also, most of these services will save your progress, so you can take breaks if it gets overwhelming. For estimated taxes next year, definitely set those up - the IRS has an online payment system (EFTPS) that makes quarterly payments pretty painless once you're registered.
That's a really smart hybrid approach! I never thought about using document scanning to extract the data first, then entering it into a different software. That actually sounds like the perfect solution for someone like me who wants accuracy but also wants to stick with truly free options. Quick question about the EFTPS system you mentioned - is that pretty straightforward to set up? I've never dealt with estimated payments before and the whole quarterly thing seems intimidating. Also, do you know if there's a minimum amount you need to pay, or can you just estimate based on what you think you'll make? Thanks for the phone photo tip too - I definitely would not have thought of that and probably would have ended up shuffling through papers multiple times!
I actually went through this last year with my S-Corp. Something important I learned - if your new owner is a non-US citizen or certain types of entities, you could accidentally terminate your S election! Make sure your new member is a qualified S-Corp shareholder. Also, depending on your state, you might need to file amended articles of organization with the state. In California, for example, we had to file a Statement of Information update when our ownership changed.
Good point about the qualified shareholder requirement! What about if the new owner is a single-member LLC? Does that cause any issues with S-Corp eligibility?
Single-member LLCs can be tricky for S-Corp ownership! If the LLC is disregarded for tax purposes (which most single-member LLCs are), then the individual owner of the LLC would be considered the S-Corp shareholder, not the LLC itself. This is usually fine as long as that individual meets the qualified shareholder requirements. However, if the single-member LLC has made an election to be taxed as a corporation, then the LLC itself would be the shareholder, and LLCs taxed as corporations are NOT eligible S-Corp shareholders. This would terminate your S election. The safest approach is usually to have the individual own the S-Corp shares directly rather than through an LLC, unless there are specific liability or estate planning reasons for the LLC structure. Definitely worth discussing with a tax professional before finalizing the ownership structure!
One thing to keep in mind that I haven't seen mentioned yet - when you take distributions as an S-Corp, they need to be proportional to ownership percentages. You can't just decide to give one owner more distributions than another based on their contribution or work in the business. Also, make sure you're both taking reasonable salaries as W-2 employees if you're both actively working in the business. The IRS scrutinizes S-Corps that try to avoid payroll taxes by taking everything as distributions instead of salary. The salary requirement applies to all owner-employees, not just the original owner. For your specific situation with the mid-year ownership change, document everything thoroughly - the date of the change, the reason for it, how you determined the new ownership percentages, and keep copies of all amended corporate documents. This documentation will be crucial if you ever face an audit.
This is really helpful information! I had no idea about the proportional distribution requirement. So if I own 70% and my new partner owns 30%, every distribution we take has to follow that exact ratio? What happens if we've already taken unequal distributions earlier in the year before the ownership change occurred? Also, regarding the reasonable salary requirement - does the IRS have specific guidelines for what constitutes "reasonable" for S-Corp owners? I've heard different opinions on this from various sources and want to make sure we're compliant.
Mateo Perez
One important thing that confused me about the 1095-C - it's different from a 1095-B! My spouse got a 1095-B from their insurance company and I got a 1095-C from my employer and they contain different information. Just wanted to point this out in case anyone else has both forms in their household.
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Aisha Rahman
ā¢That's a good point! 1095-B typically comes from insurance companies or government programs like Medicaid, while 1095-C comes from employers with 50+ employees who offer health insurance. They show similar information but in different formats.
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Zoe Dimitriou
Just want to chime in with a simple summary for anyone still confused! Your 1095-C form is basically just proof that your employer offered you health insurance coverage. You DON'T need to mail it in with your tax return or enter specific numbers from it into tax software. Think of it like a receipt - keep it with your tax records in case you ever need to prove you had qualifying health coverage. The main thing it helps with is showing the IRS that you met the health insurance requirement and shouldn't be penalized. If you're using tax software like TurboTax or H&R Block, they might ask if you had employer-sponsored health insurance, and you can just answer "yes" based on having this form. But you won't need to type in the specific codes or dollar amounts from the 1095-C itself.
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Giovanni Mancini
ā¢This is such a helpful summary, thank you! I was getting overwhelmed reading through all the different scenarios people mentioned. So just to confirm - even though my employer sent me this 1095-C form, I literally don't have to do anything with it except keep it in my files? I was worried I was missing some important step or calculation I needed to do.
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