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Does anyone know if there's a minimum salary requirement for S Corps? My CPA told me I need to pay myself at least $40k, but a buddy with an S Corp says he only pays himself $30k on $90k of revenue. I'm confused by all the different advice.
There's no specific minimum dollar amount required by the IRS for S Corp owner salaries. The key requirement is that it must be "reasonable" for the work performed and your industry. Your friend paying himself $30k on $90k revenue (33%) might be fine if he's in an industry where a lot of the work could legitimately be done by lower-paid employees or if much of the profit comes from non-service factors (like product sales or passive income). But if he's providing skilled professional services himself, that's likely too low and could trigger an audit.
This is such a common struggle for new S Corp owners! I went through the exact same thing when I converted my consulting business two years ago. Based on my research and discussions with my CPA, here's what I learned: The IRS doesn't have a magic formula, but they do look at several factors - what you'd pay someone else to do your work, your geographic location, your experience level, and the time you spend on the business. For a web developer in the Midwest making $120k net profit, I'd lean toward the higher end of reasonable compensation - probably around $70-80k salary. Since you're doing ALL the work (coding, design, client meetings), you can't really argue that a significant portion of the profit comes from business assets or other employees. One thing that helped me was looking at actual job postings for senior web developers in my area and calculating what a full-time equivalent would make, then adjusting slightly for the entrepreneurial risk/reward factor. I kept screenshots of those job postings as documentation. Also, don't forget that paying yourself a higher salary isn't necessarily "bad" from a tax perspective - yes, you'll pay more in employment taxes, but you'll also build up more Social Security credits and potentially qualify for higher unemployment benefits if needed. The key is finding the sweet spot that's defensible to the IRS while still providing S Corp tax benefits.
did you check if you have any freezes or holds? sometimes they dont show up obvious on the transcript but theyre there
use taxr.ai - it'll tell you exactly what codes are on your account and what they mean. saved me hours of research
A negative balance definitely means the IRS owes you money! With your tax liability at $0 and that negative balance, you likely received refundable credits like the Child Tax Credit or Earned Income Credit that created the overpayment. The delay could be due to identity verification, income verification, or just processing backlogs. I'd recommend calling the IRS refund hotline at 1-800-829-1954 to check if there are any issues holding up your refund. You can also try calling early morning (7-8am) for better chances of getting through!
Thanks for the tip about calling early morning! I've been trying to get through during lunch breaks but never thought about calling first thing. Do you know if they're open weekends too or just weekdays? Also wondering if there's a specific number to call if you think there might be identity verification issues vs just general refund questions?
Anyone know if it makes a difference whether you set up the campaign for yourself vs for someone else? Like if I create it for my brother but use my account, does that make me responsible for taxes?
Great question! I went through something similar when helping my neighbor after a house fire. The key thing to remember is that donations for personal hardships like legal fees are generally treated as gifts, not taxable income to the recipient. However, there are a few important considerations: First, keep detailed records of all donations and how the money is used - this documentation will be crucial if there are ever any questions. Second, be very clear in your campaign description that the funds are for personal legal expenses, not for any business purpose or in exchange for goods/services. Regarding who sets it up - it doesn't fundamentally change the tax treatment, but having your cousin create it directly might be simpler administratively. If you set it up and the money flows through your account first, you'll technically be making a gift to him when you transfer the funds (though this usually doesn't create tax issues either). One heads up: if the campaign raises over certain thresholds (typically $20,000+ with 200+ transactions), the platform may issue a 1099-K form. Don't panic if this happens - it doesn't automatically make the money taxable. You just need to properly document on the tax return that these were non-taxable gifts for personal expenses. Consider consulting with a tax professional if you end up raising a substantial amount, just to make sure everything is handled correctly.
Don't forget about state-level considerations! Your Delaware LLC may be federally disregarded, but Delaware still requires annual reports and franchise tax payments regardless of your investment activities. Also, depending on how much passive income your LLC generates from investments, you might trigger economic nexus in other states if the stocks/bonds are from companies based there. Some states have started to get aggressive about claiming tax jurisdiction based on investment income sourced to their state. Make sure you keep your registered agent in Delaware current too - if you miss service of process notices, you could face default judgments.
Thanks for bringing up the state-level considerations! I hadn't thought about potential economic nexus in other states based on investment sources. Do you know if there's a general threshold for this? Like would a few thousand in dividend income from a California-based company trigger filing requirements there? And yes, I'm keeping my registered agent current in Delaware and paying the annual franchise tax. Just want to make sure I don't accidentally create tax obligations in multiple states.
The thresholds vary by state, but most states have minimum amounts before economic nexus kicks in. For California specifically, the threshold is pretty high - typically $500,000 in sales into the state. Dividend income specifically is usually sourced to your place of residence rather than where the company is headquartered, so a few thousand in dividends from California companies likely wouldn't trigger filing requirements. The bigger concern would be if your software activities were somehow directed at customers in specific states. That's much more likely to trigger economic nexus than passive investment income. Just keep good records of where your income is coming from, and if the investment income grows substantially, it might be worth consulting with a state tax specialist.
One thing nobody's mentioned - watch out for FDII (Foreign-Derived Intangible Income) calculations if your software business starts generating significant income. The presence of investment assets on your books can affect the deemed tangible asset calculations that go into FDII deductions if you later elect to be treated as a corporation. Also, make sure your operating agreement clearly separates business activities from investment activities. This becomes important if the IRS ever questions whether your passive investments are actually part of your active business model.
Can you explain more about FDII? I thought that only applied to C-corps, not disregarded entities. Would the foreign owner need to make an election to be treated as a corporation for this to apply?
You're absolutely right - FDII only applies to C-corps. I was getting ahead of myself thinking about potential future elections. For a disregarded entity, the FDII provisions wouldn't currently apply unless the owner made an election to treat the LLC as a corporation for tax purposes. The main point about separating business and investment activities in the operating agreement still stands though. Even for a disregarded entity, clear documentation helps if there are ever questions about whether investment income should be treated as effectively connected income versus passive income, which affects withholding and reporting requirements. Thanks for catching that - don't want to confuse anyone about current vs potential future tax elections!
Tami Morgan
check your mail! sometimes when wmr changes like that it means they sent you a letter asking for more information. if you don't respond to those letters your refund just sits in limbo forever
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Ian Armstrong
ā¢Good idea, I'll keep an eye out. Nothing in the mail yet but it could take a few days to arrive I guess.
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Benjamin Kim
I went through the exact same thing last month! The WMR progress bars disappeared and it just showed "processing" for about 3 weeks. That 570 code on your transcript is definitely what's causing it - it puts your return into manual review which takes it out of the automated system that feeds WMR. In my case, it was EIC verification since I also had a substantial EIC like you do ($4,446 is pretty significant). They were just making sure all my income and dependent info matched up. The good news is that once they complete the review, you'll see a 571 code (which releases the hold) followed by an 846 code with your actual refund date. Mine took exactly 21 days from the 570 date to get resolved. Keep checking your transcript every few days - that's way more reliable than WMR right now. And don't worry too much, the vast majority of these holds get resolved without you having to do anything. Hang in there!
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