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How to take a S Corp Distribution

Hello Linda , I saw some funny postings yesterday and I hope that sillypeople refrain from spoiling the value this web site adds.
Now to my question :

If I am a single owner / employee S Corp who made 25000$ last year and have 16K in payroll and 4K in expenses , why can't I take 5K in distribution ? And if I can , then how do I get it - do I give myself a 1099 MISC ?

Next questions is that if I do not take tis distribution, still I pay the taxes as pass through entity , so what is the deal about not taking the distribution ? I do not understand. Isn't it simple for me to even out by leaving the S Corp at 0 dollars on day one of the new calendar year ?

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Distribution of Profit after expenses,and Payroll

I am a sole owner of an S corp. I pay myself a resonable salary (120k/year, about 70% of total gross recipts), and expect to have a net operating profit of 20-30k.

1. I want to know should I pay the remaining cash in the companies account out as a bonus, or take it as a distribution. My Basis in the company is effectivly zero ( I have already re-imbursed all expenses laid out).

2. Should I reduce my income for the remainder of the 2011 tax year to bring it around 60%, and increase the amount of distribution.

Would the Distribution be taxed at the normal income rate, or as capital gain (15%) and obviously avoid the payroll taxes on the distribution amount.

Distribution of Profit after expenses,and Payroll

I'd like to add that I had personal income from another source, so reducing my income to zero for the rest of the year would still leave me over the 106800 cap for ss/med. My rationale is that the distribution wouldnt save me any payroll tax, but would move income from wages to capital gains, which is a lower rate.

Additionally, this is the first year of operation of my S-corp, so I dont know if that impacts the classification of the distribution from a LTCG/STCP perspective.

THanks

fireplace

I will keep following your blog, I really enjoyed reading your article, i look forward for your future posts.. Great job! My products: saunier duval

S corp shareholder

Hi Linda,

I have a small business set up as an s corp. I'm pres and my wife is vice president. She doesn't really have any day to day activities, I just thought I would make her VP. Should I split the shares 50/50? or give her any? What legal reasons would I not include her?
Thank you

re: quarterly tax filing

Hi,

I am the president of my S corporation. I am the employer and only employee. I used to work part-time for my corporation but became full-time in February 2011. When I was part-time I never filed taxes quarterly. Do I need to file quarterly now that I am full-time? I will gross over $100K but have lot of expenses cause as part of my business I buy industrial parts and sell them at a higher price. DJN

Does Basis role over

Hi Linda,

My ordinary business income after salary and expenses was $10,684 in 2009, and $8,436 in 2010. I took a distribution on 2,905 (in 2010), Does this leave me with a current basis of 16,215?

Thanks
Chris

Basis Calculation

Hi Chris,

Using my simplified version of the calculation, yes. Technically, it's likely to be a little different. Usually there's some non-deductible expenses that also impact basis. (like the 50% of meals & entertainment expense)

Also, if you made any contribution of money or equipment when you started the S corp, that would be an additional increase to basis.

Yes, this year's beginning basis is last year's ending balance. Kind of like a bank account.

L:)

S-Corp distributions and form 941

Do I record these on the 941 form if I also pay myself salary?

In 2010 I paid myself 90% salary and 10% Distribution but recorded the total amount in Box 2 on 941 (wages, tips and other compensation) - is this correct, or should the distribution amount be recorded on another form?

Thanks

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Great Post. I too, saw the funny posting and I am very much attracted to this site and have bookmarked it.
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Correctly Reporting Distributions

Hi Chris,

Nope. The only place you report distribution is on the S Corps annual Form 1120S, Sch K, Line 16D.

Only salary should be reported on Form 941. If you already submitted the Form 941 with the distributions included in total compensation,you should file Form 941-X to correct it.

Hope this helps.
L:)

Correctly Reporting Distributions

Hi Linda,

Thank you for the fast response. I did record the ditribution on 1120S, Sch K, line 16D - but not against the OBI so am I correct in thinking i would also need to amend the 1120s Box 21?

Thanks
Chris

Correctly Reporting Distributions

Hi Chris,

The distributions are not an expense of the corp. If you included the distributions as an expense in calculating ordinary business income (Page 1, Line 21), then yes, you need to correct the 1120S and your 1040.

L:)

Correctly Reporting Distributions

Thank you so much for your advice. I have had 3 different accountants, spent hours talking to the IRS, and done a lot of research and you are the first person to give me some straight answers.

Chris

S corp Distribution

I recently became incorporated. Before i was self employed, i am thinking of retiring and my daughter will be taking over. She is 1/2 owner of the company as well, so we both have equal shares in the corp. We both take the same salary of $35,000 a year. After all of our dedictions, health, rent, gas, car expenses, etc) we have a profit on the company of $30,000. Per schedule K we split profits $15,000 each. Do you have to take the whole amount of profits and split evenly or can we just split say $5000 each? and have the remaining as pass thru entity? If i choose to not take any profits and keep all in the business as pass thru entity, then do we do a schedule k, or who is responsible for paying the taxes on the $30,000. I know if we take our equal shares of $15,000 then we are both individually responsible for paying taxes on the $15,000. But that tax should be less self employment tax, correct? Also if we share the profits, do i just write myself a check out of the business, how do you do that for proper tax purposes?

Retained Earning and Dividend

Hi,
This should be really simple answer to the tax pro. All S corp earning reported in K1 will be rolled over in the shareholder's personal tax return and that is very clear and simple. This money goes into the retained earning in your book. So in accounting book, how can I take this money from the company which has been paid in taxes already. what entries do I have to make in accounting book? I hope I don't have to pay any taxes.
Thank you,
SP

Officer Compensation

Hi Linda,
For the following hypothetical situation, S corp sole ownership with reasonable profit (<80k) and expenses (<10k), is it better to have a slight profit or it is feasible to have an officer compensation that brings the corp net income into the negative bracket? If one has not been making quarterly payroll tax payments, will the full amount be due on the officer compensation? For arguments sake, would it be more advantageous to not take any officer compensation?

Many thanks for your help!

Took distribution w/o pay in past. What's best fix?

Hi and thanks for any response to my situation. I have a Sub-S corp and am the sole shareholder. I have taken distributions for the past 3 yrs but have not drawn any wages. The distributions were to cover the tax burden I needed to pay personally on my 1040. After checking into this I read that that is not recommended. I only work about 5 hrs a week for this Sub-S. My other Sub-S provides my income (actual wages paid & taxes deducted).

What is my best "fix" to this for the un-filed 1120S years I will be filing this month before my 3 year limit is up? Do I rework them, change the distribution to 60/40 wages & file the 941's to correct & just pay the penalty's? It it less penalty if I correct than having them see 0 for Compensation to officers line 7 of the 1120S and audit? I do want to fix it right & be done with it. If you can't do that, so be it. Wasn't an intended dodge, just didn't know you can't till now.

Thanks for your help. Started paying myself a wage in 2010 and will continue to do so. My mistake thru ignorance. Was told to take a Distribution from a CPA years ago, not wage on the new S corp.

Aster

What do you consider

What do you consider "reasonable compensaation" from this S-Corp. If you only work 5 hours a week, you don't need to pay yourself a full-time salary just because the corp earns money. One way to look at it is: if you were just an investor, how much would you pay someone else to do your 5-hour/wk job?

Thanks for posting! I'm

Thanks for posting! I'm always looking for relevant topics for my blog and will try and keep in touch! phoenix ad agency

Distributions vs. Employees

I have a new business and have classified it as an S Corporation, I am finally to the point that I have exhausted most of my savings and need to stop reinvesting all income back into the business and need to start to take distributions. I have two questions:

1) As the business is less than 6 months old, how much longer may I take straight distributions without classifying myself as an actual employee?

2) Is there a cap to how much I can take as a distribution (at one time, or annually)?

S Corporations

If I am the only officer in my S Corporation, and I pass away, how does my spouse take control of the business?

S Corp Spouse Take Over

You should seek an Estate Attorney's advise regarding Revocable Living Trust. The trust is designed to allow the beneficiary to control your estate if you are incapacitated or upon your death. Once the trust is set up, it will be necessary to transfer your assets into the trust (home deed, business stock, bank accounts, etc).

Add them as a 49%

Add them as a 49% shareholder and as VP? That is what I have done.

part of the estate

Yes, if you were to pass away, everything that you own including your business would be a part of your estate. You do want to make sure that you have a valid will in place. You might also check with tax resolution services to make sure that you have everything in the right order.

Transfer of S Corp

Your shares in the S corp are part of your estate, just like if you have shares of IBM in a brokerage account.

L:)

Dear Linda, Thank you so

Dear Linda,

Thank you so much for helping everyone here. I read all the posts but I am still a little confused. I just opened a one person S-corp, so I am very new.

I would like to make an example:

If my Company profit at the end of the year before payroll is $60K, my salary for the year is $36K, I know the business income will be $24K.

As you said in other posts before, if the business income sit in the S-corp, it WILL NOT be taxable. The only taxable part is the personal income tax from my salary, which is the $36K * 15.3%.

Let's say, I want to take $4K as distribution from the business income($24K), I will write myself a check as "Property distribution". Will I be taxed on the $4k as part of my personal income tax?? And will the tax rate be the same as the salary @ 15.3%? And the rest of the $20K business income will have no effect and sitting in the company for company use?

Thank you very much for your time & help, I really appreciate it!!!

Clarification...

The $24K is not subject to Employment Tax, the 15.3% you state. But it is subject to Income Tax.

No. In the example you give, the $4K would not be subject to income or employment (aka payroll or FICA) tax.

In your example you would have $60K subject to income tax (36 + 24) tax. The $36 would be subject to employment taxes. The $4K would be a return of capital (think of it as being part of the $24K) and is subject to no further tax.

Hope this helps
L:)

Where to track

I think that this mud is becoming more clear to me. My question is where on the 1120s do I track those distributions? I am also the sole owner of my S Corp and am behind on filing... So I have taken distributions that this year will about meet or exceed my investment. Where do I track the distribution that is the return in capital so it is not seen as taxable income? Thanks so much.

Account type for S-Corp distributions

I did not receive an answer for this question last year so I am asking it again.

Regarding this suggestion you made back on 2008-01-21:

'I create a "Distributions" equity account in QB. You can use the "Tax-Line Mapping" field to map entries in the account to "Schedule K-Other Items: Property Distributions (including cash)".'

When I import from QB into TT, it puts the EOY account balance of this Distributions account into 1120S, Schedule K, line 16D, not the amount of distributions for the year. This includes the previous year (first year of our business). Is this correct? Isn't line 16D supposed to contain just the current year distributions? This total amount carries to the Distributions line on Schedule M-2 and that appears to be expecting a one year amount. What am I doing wrong?

Also, another person pointed out that QuickBooks give you a warning when editing the account, that the account type is incorrect for the tax line mapping.

Putting the above two issues together imply to me that the account type for distributions should be an expense account. The amount imported is an annual amount and you don't get a warning from QuickBooks. But, now we have an incorrect increase in expenses.

Thanks, Kevin

QB-TT Distributions Mapping

Hi Kevin,

There's no way to map change in the distributions account directly in to TT, only the ending balance. I use the that mapping to get at least something into TT.

Distributions are absolutely not an expense account. They are a reduction of the shareholder's capital account.

The error checking should show the out of balance amount which makes it easy to find.

Since there's no way to map this directly, this is my personal preference for handling the distributions reporting.

L:)

Please be reminded that an S

Please be reminded that an S Corporation is a "flow through" entity in that all of the net earnings from the S Corporation flow down to and are reported on the owner/shareholder's personal return. Therefore careful consideration of these issues and tax planning for each personal shareholder's other income, itemizations, exemptions, etc. should be considered and carefully contemplated when extending S Corporation owner's personal returns. Keep in mind that the extension of the corporate return does not also automatically also extend the personal return which is due on April 15, 2009.

Shareholder distributions & Loans from Shareholders

Hi,

I have been reading all of the postings and responses and have been learning alot. Thank you for all of the information. I have an S-corp, and unfortunately have had to use 3 different accountants to date. I am in process of doing my 2007 & 2008 tax returns.

I have a loan to the shareholder with a balance due me in excess of $40k. My M-2 from 2006 shows a balance of $4,903. The net loss for 2007 is over $25k. Can we use the loan from shareholder to make the basis enough to write off the entire $25k loss for 2007?

If not, how can we change the situation so we could write off the entire loss? There will also be a loss in 2008 between $10-$20k. The business was temporarily shut down for the last 9 months of 2008 due to health reasons, so the shareholder payroll was low.

thanks
Ken

Shareholder Contributions?

Hi Ken,

Yes, shareholder loans also increase your basis. Be sure you have a note that clearly outlines the terms of the loan
including interest and a payback schedule.

L:)

Loans to shareholders

How does this increase the shareholder basis?

S Corp distributions

My partner and I have a architectural design build firm
We do not take payroll but take distributions as compensation for officers.
We each took 75,000 last year, after our expenses our K-1 distribution was about 9000 each.
We will report this on our individual tax forms on Schedule E.
Our bookkeeper says we need to file a 1099-MISC for the 75000 as well.
I believe this is incorrect.
Could anyone clear this up for us.
Our total income was 400,214 with total deductions of 383,477.
We had a build project with a majority of that cash flow going to building supplies and sub contractors.

No 1099-MISC for S Shareholders

You are correct.

Your distributions will be reported as part of the K-1.

However, It sounds to me like these distributions are really wages paid for services rendered & should be going through payroll.

By statute, S shareholder/officers are employees of the corporation and should be paid a reasonable salary.

Hope this helps
L:)

Yep, and don't worry, the

Yep, and don't worry, the tax man has no idea what a reasonable salary is...if you ask him he will just say...whatever the average is in your area. So title your payroll job as the lowest paying denominator in your field of work, and pay yourself an average or heck even a high salary in your area for that job title...its perfectly legal and avoids extra self employment tax since distributions do not have to pay that tax.

2008 vs 2009 distribution

All other issues aside on this original questions, I am doing the taxes today on my S corp I wish I had taken more distributions from last year's profit. Can I legally take a distribution now and mark it on the books and my K-1 for 2008 as Brenda asked?

I could take it now, but business is bad and I don't want to get dinged for having taking distributions this year without continuing my salary (if things get bad enough that I have to stop my salary).

looking forward to this answer

This is exactly what I am trying to find out... please respond to this question... THANKS

Hello Linda , I saw some funny postings yesterday and I hope that sillypeople refrain from spoiling the value this web site adds.
Now to my question :

If I am a single owner / employee S Corp who made 25000$ last year and have 16K in payroll and 4K in expenses , why can't I take 5K in distribution ? And if I can , then how do I get it - do I give myself a 1099 MISC ?

Next questions is that if I do not take tis distribution, still I pay the taxes as pass through entity , so what is the deal about not taking the distribution ? I do not understand. Isn't it simple for me to even out by leaving the S Corp at 0 dollars on day one of the new calendar year ?

Distributions

Assuming this is the first year of the S-Corp and the $4k of expenses includes the payroll taxes, there's nothing wrong with taking a $5,000 distribution. If you made no contributions or other distributions your basis at the end of the year would be $0.

$-0- Beginning Basis
$5K Taxable Income ($25K income - $16K Payroll - $4K other)
$5K Less distributions
-----
$-0- Ending Basis

However, my experience is that it's never quite that neat.

Another disadvantage of fully depleting your basis is, if you unexpectedly had a loss one year, you will be unable to deducting from your other income because you will not have sufficient basis.

As far as "how do I get it?" Write yourself a check with "Shareholder Distribution" in the memo. Report it on the 1120 Schedule K, line 16d, Property Distributions. It should also show up in your shareholder basis report as distributions reduce shareholder basis.

DO NOT use form 1099-MISC. That will completely confuse things.

You will need to pay the tax on the $5K of taxable income whether you take the distribution or not. Remember S Corps don't pay taxes a the corporate level. Only the shareholders pay taxes on their pro rata share of the net income. The distribution is not an expense of the corporation. Rather it is a return of capital to the shareholder.

Another alternative is to take a distribution equal to the tax. For instance, say you owe an additional $2250 on the $5K of income from the S Corp. Just take a distribution of $2250. That way you still have $2750 of basis & the S Corp is paying for its taxes.

Yes, I know this is confusing, but I hope this helps.
L:)

Distributions to offset income reported

Linda
Thanks so much for this very informative site.
I have an S corporation. Usually I pay enough salary to make end of the year income/loss pretty low (approx $1000 one way or the other)to report on my 1120S. This year it is $7000 income, so it is costing me about $3000 on my personal income taxes. In the past I have never taken a distribution, but I am wondering if I should do one for $7000 for 2008. If I do not do this, I would probably just use the business income to pay salary in 2009, thus paying taxes on it again. It just does not seem right to leave the money after I pay taxes on it.

I have had the S corp since 1992 and over that time my yearly losses and SEP-IRA payments have made my cash and B/L about (-120,000). I do not know if that affects my ability to take a distribution, or if distributions are based on yearly income and loss.
Any info is greatly appreciated.
THANKS!!!

Distributions vs Salary

Hi,

I'm not sure I understand all the details. The thing that most concerns me is it sounds like you have a negative equity. If you take a distribution without sufficient basis, then that distribution is taxed as income.

If you have sufficient basis, then you could take a 2009 distribution for $3000 to help you pay the tax on the S corp income. The distribution is not a deductible expense for the corp.

If you take it out as salary or bonus, then you'll be paying income & payroll taxes on the payment.

This is way lots of S sharholders take a reasonable salary then a distribution in April to cover the tax liability for the S corp. This covers you against the reasonable salary bugaboo while helping you pay the taxes with the least cost to you & the corp.

Hope that helps.
L:)

BASIS clarification

Linda

Thanks so much for the quick response. And thanks in advance for your patience. As I mentioned to you, I have never done a distribution.. so I am unclear how or if I can do one. Again, it is an S -Corp owned by husband & wife.

Here are some details which may provide more info:
1) On my 1120 S, M-2, my balance at end of 2007 was -22988.
2) My Balance Sheet under CASH totals (-$119742) for end of 2007.
I am guessing that #1 or #2 above is my BASIS. Which one?
and what is Negative Equity?
Instead of too many questions, can you give me any info regarding the above.
Thanks!
john

Basis clarification

Linda
As mentioned above, I believe my basis balance at end of 2007 was -22988. I have been an S corp for 16 years and over the years the loss/gain has been minimal (+/- 1500), so at tax time it didn't hurt so bad (when totals were transferred to my personal tax return). Usually, I just make sure that I pay out enough income as salary, so that the amount at the end of the year is not substantial. This year I did not do it correctly and ended the year with $7000 income. When I applied this to my personal tax return it cost me about $2800 in additional taxes. I was trying to figure out if I could do anything to cover this amount (distribution, etc.)
When I did some searches, I came across the term "Phantom income" and your site. I am really trying to understand better what options, if any, I have at this point. Since I am a one-person S-corp, I do not know if I should take a 2008 distribution (taxable or not) or if I even can take a 2009 distribution.
Thanks so much for your patience and your S-corp knowledge, I have reading a lot of the posts... they are great and I trying to figure out what, if anything, you would recommend.
Have a great day and thanks in advance.
John

Basis Details

Hi John,

Unfortunately, I can't tell you the answer to your questions because I just don't enough details.

If your basis was really -$22,988, then you have been taking losses on your 1040 you were not entitled to or taking distributions in excess of your basis which should have been taxed. Your basis should never go below $0.

Something either is not right, or I don't have all the information. If your gain/loss has been minimal, you wouldn't have the basis to take a distribution. That might explain why your basis is $22k in the red.

I can tell you its too late to take a 2008 distribution, since it's 2009. :) If you took a distribution now it would be a 2009 tax year item.

distribution...why not

Linda

just wrote a long message and it was deleted

Single owner S-corp questions

Hi Linda,

Thanks for the great forum you have here. I have a few questions as I have just incorporated a new S-corp of which I am the sole director and officers, and it is I who will act as the principal consultant and bring in any money that the company makes. I incorporated through "The Company Corporation" on the web, and entered "0 employees" when I filled out the EIN forms. My questions:

- I expect to make about 100-150K per year in profits (revenue minus expense not including salary)

- I understand that I can take a combo of salary (reasonable) and distribution from company profits.

- Should I be taking a salary at all especially since the company has only one director/officer but no employees? Or should I take salary because I am the principal consultant bringing in the money?

- If I take salary, must it be regularly taken? Can it be taken once at year end? If I take a salary, can I determine the amount at year end depending on the profits? Should I have some sort of payroll process? Should I withhold FICA etc.? Should I issue W2s at year end? Do all these things need to be done even for a single employee owner taking salary?

- One of my existing customers wants me to remain a independent contractor and pay me thru 1099. Can I deposit the checks on my ICA invoices into my S-corp and call that S-corp revenue? Or will that be treated as an investment on my part in the S-corp and increase my basis?

- Should I hold regular board meetings and keep minutes etc.? How does that figure for a single person company.

- I would appreciate any usual and normal advice you'd give to a single person S-corp.

Thanks.

Payroll for Single Shareholder S Corp

Hi,

Yes, you should be taking a salary because you are likely the president, CEO, chief cook & bottle washer of your company. As an officer, by law, you are an employee of the corporation and should receive a reasonable salary.

Technically, I doubt you would get into too much trouble by having a salary once a year, but you will still need to file quarterly tax returns anyway, even if you have no payroll, so you might as well pay yourself at least quarterly. However, it's likely you'll need some of the cash in the company to pay your personal expenses. That's why most single-shareholder corporations make payroll on monthly basis.

Your payroll should be the same as any other employee which means you have to withhold & pay FICA, FUTA, tax withholdings and any state taxes. You need to file the quarterly & annual tax returns including Form W-2 & the W-3 transmittal.

On the client, I would try really hard to get them to pay your S-Corp. It's better for them & better for you. They don't have to file the 1099 on their payments to you if you're operating as an S Corp.

You will need to report the 1099 income reported to your SSN on a Schedule C or the IRS will be asking why you didn't report that income on your personal return. I have seen some returns that report the 1099 income and equal amount as cost of goods sold so the Schedule C shows $0 income and that same amount shows up on the 1120S as income. I'm not saying that's right, but I have seen it handled that way. If you opt to go this route you should deposit the checks into your sole-proprietor or personal checking account and the transfer the same amount to the corporation. It's ugly, but at least you'll have the document trail to support how you've handled the income & expense.

The best thing to do have the client write their checks to your S-Corp. You should also give them a W-9 with your S-Corp information.

In lieu of board meetings you can use a Consent of Shareholder to record the actions taken by the shareholders.

Good Luck!
L:)

S-corp taxes vs Employee taxes

Hi Linda,

Thanks for the answer. I have changed the subject line because the form did not keep the previous one, and my new question is on a related but different topic.

In your answers to other posts I gather that we DO NOT WANT to take out all the money from the S-corp as a distribution unless we need the money personally. Why is it a bad idea to have net zero if the money is not personally needed?

Also, in another answer I gathered that an S-corp does not need to pay tax. I am sure I understood this wrong, since here in CA I think there is a minimum of $800 in taxes that the corp has to pay. What I figured is that at year end, we should make sure to leave enough money in the S-corp that results in the $800 in tax, and that this money would not flow through to the owner. If it did, then the owner would pay income tax, and the S-corp has already paid $800 in taxes resulting in double taxation. Since one of the big deals of S-corp is to avoid double taxation, I am sure I am missing something. Please help.

Finally, I cannot predice the cash flow of the corporation very well. Therefore, if I take a regular monthly or quarterly salary (as you recommended), I am not sure that there will be money in the company to pay me that salary in all periods. If this occurs, should I not pay a salary some periods and pay in periods when money exists?

Thanks.

-Sankar

S-corp taxes vs Employee taxes

Hi Linda,

Look forward to your asnwer to the previous post I sent under this heading.

I also wanted to find out how you make money? Is it just the Google ads on your page, or do you also offer tax/other services. If so, where are you located, and how does one find out about the services.

Great forum!

Thanks.

-Sankar

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