You are not required to take a salary from your S corp, to put it briefly. But generally speaking, it is advised that you do. This is so that S corp stockholders who also work for the company are paid a “reasonable” salary, as required by the IRS. This is done to stop business owners from accepting all of their revenue as distributions rather than a wage in order to avoid paying payroll taxes.
It might be difficult to determine what is an acceptable salary. The IRS takes into account elements like how much time and effort the shareholder invests in the company, their credentials and experience, and what comparable firms are willing to pay for the same services. A tax expert should always be consulted to assess what a fair wage would be for your specific circumstances.
There are several legal and financial factors to take into account while forming an incorporated firm, whether it be a S corp or another kind of corporation. The first step is picking a name for your company and registering it with the Secretary of State of your state. Additionally, you will need to submit your articles of incorporation and get all required company licenses and permits.
Who may own a S corporation? S corps can only have 100 shareholders, all of whom must be citizens or residents of the United States. Additionally, S corporations are only permitted to issue one type of stock, which may restrict their ability to raise money.
Although incorporating your firm has benefits, there are also some drawbacks to take into account. Increased administrative and legal expenses, a lack of decision-making latitude, and the potential for double taxation if the business is not organized appropriately are a few examples.
So which legal business structure is the best? The answer is based on a number of variables, such as the kind of your company, your objectives, and your financial status. You can make a wise choice by seeking advice from a tax expert and a company attorney.
In conclusion, while it is not necessary to receive a salary from your S corp, it is typically advised that you do so to prevent any potential IRS problems. Before making a choice, it’s crucial to assess the benefits and drawbacks of incorporation because it involves a lot of legal and financial issues when setting up a company.