An S corporation shareholder who performs more than minor services for the corporation will be its employee for tax purposes, as well as a shareholder. In effect, an active shareholder in a S corporation wears at least two hats: as a shareholder (owner) of the corporation, and as an employee of that corporation.

What are the disadvantages of an S Corporation?

An S corporation may have some potential disadvantages, including:

  • Formation and ongoing expenses.
  • Tax qualification obligations.
  • Calendar year.
  • Stock ownership restrictions.
  • Closer IRS scrutiny.
  • Less flexibility in allocating income and loss.
  • Taxable fringe benefits.

    When are S corporation employees, shareholders and corporate officers?

    When corporate officers perform a service for the corporation and receive or are entitled to payments, those payments are considered wages. S Corporation Employees, Shareholders and Corporate Officers | Internal Revenue Service Skip to main content An official website of the United States Government English Español 中文 (简体) 中文 (繁體) 한국어

    Can a shareholder be an employee of a company?

    The Sixth Circuit held that a shareholder-employee of a company used the company bank account for personal use. As such, the Court ruled the shareholder was an employee and owed employment tax. Joly v. Commissioner, T.C. Memo. 1998-361, aff’d by unpub. op., 211 F.3d 1269 (6th Cir. 2000).

    When does a corporation need to pay a shareholder?

    Sometimes a corporation will need to pay a shareholder for amounts he or she expended on behalf of the corporation. When a corporation wants to make this sort of reimbursement, you just treat the payment like any other payment to a vendor.

    What makes an employee an employee of a corporation?

    The definition of an employee for FICA (Federal Insurance Contributions Act), FUTA (Federal Unemployment Tax Act) and federal income tax withholding under the Internal Revenue Code include corporate officers. When corporate officers perform a service for the corporation and receive or are entitled to payments, those payments are considered wages.