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When is a payroll required for an S corp if I don't have one yet?

I'm currently working a full-time W2 job bringing in about $130k annually, and I also have an S corporation on the side. For 2021, I didn't set up payroll for my S corp and just informed my accountant about it. He said it was fine, and I took all the profits (around $19k) as distributions without paying myself any salary. I'm trying to figure out when exactly I need to start running payroll and paying myself a reasonable salary from my S corp. Let's say this year my S corp profits jump to $400-650k while I'm still making $105-130k at my W2 job. At this point, would I be required to pay myself a salary through the S corp? From what I understand, once I establish payroll and start paying myself a salary, I'll need to pay about 15% of that salary amount for Medicare and Social Security taxes. My thinking is that since I'm already working 40 hours at my day job, I might be okay without S corp payroll since the Social Security taxable maximum is $147k per year. However, if I were to quit my day job or reduce to part-time, I'd probably set up payroll and pay myself around $65-80k per year as a business consultant, even though the business could be profiting up to $650k annually. I plan on discussing this with my accountant soon, but wanted to get some outside opinions first. Has anyone been in a similar situation or have insights on this S corp payroll requirement?

I have an S corp making about $200k/year while I work full-time elsewhere. My accountant made me set up payroll and take a $60k salary even though I argued I barely spend time on it. His reasoning: if your business makes good money, the IRS assumes you're providing valuable services. Think about it this way - if your business is successful enough to make $400-650k, someone's expertise is driving that success. If it's yours, you need to be compensated with a reasonable salary. The reasonable salary doesn't mean you have to take all profits as salary - just what would be reasonable for the services you provide. The rest can still be distributions.

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What payroll service do you use for your S corp? I'm at the point where I need to set one up but there are so many options.

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I went through this exact situation two years ago and learned the hard way that the IRS doesn't care about your other employment when it comes to S corp salary requirements. I was making $120k at my day job and my S corp was pulling in about $300k, but I wasn't paying myself any salary from the business. Got audited and the IRS agent was very clear: if your S corp is generating substantial profit and you're providing services (even part-time), you need reasonable compensation. They don't look at your total income across all sources - they look at each entity separately. I ended up having to pay back payroll taxes plus penalties. My advice: once your S corp is consistently profitable (especially at the levels you're talking about), set up payroll immediately. The "reasonable" salary depends on your industry and role, but for a business making $400-650k, you're definitely looking at a significant salary requirement. The Medicare taxes alone make it worth getting this right from the start. Don't make the same mistake I did - the penalties and interest add up fast.

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I ended up having to establish a $75k annual salary going forward, which the auditor said was reasonable for my consulting business size and industry. They made me pay back payroll taxes for the previous 3 years - essentially treating distributions I had taken as wages subject to employment taxes. The back taxes, penalties, and interest came to about $28k total. The auditor used industry salary data and looked at what similar businesses pay owner-operators. She said for a $300k profit business, anything under $60k salary would be suspect, and $75k was on the conservative side of reasonable. What really hurt was they also assessed the 20% accuracy-related penalty since I had "substantially understated" my tax liability by avoiding payroll taxes entirely. @c9b46ddd6b4b The key lesson is don't wait - once your S corp is consistently profitable, get the salary set up immediately. The IRS views taking only distributions from a profitable S corp as tax avoidance, not tax planning.

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I had to establish a $85k annual salary going forward, and yes, they made me pay back taxes for the previous two years when I had taken zero salary. The IRS calculated what they considered reasonable compensation based on my industry (digital marketing consulting) and the business's profit margins. The back taxes were brutal - not just the payroll taxes I should have paid, but also penalties and interest. For my $300k profit business, they determined I should have been taking at least $80-90k in salary based on what similar consultants earn in my area. They were actually reasonable about it once I cooperated and provided documentation about my role and time commitment. The agent explained they see this constantly with S corps - owners trying to avoid payroll taxes by taking everything as distributions. The key is being able to justify your salary with industry data and documentation of your actual duties. My accountant now uses a service called taxr.ai to help determine reasonable compensation for our S corp clients. It provides industry benchmarks that the IRS recognizes as valid support for salary decisions.

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Understanding Employer Payroll Taxes vs Employee Contribution (7.65% Medicare/FICA)

So I just started a new job and I'm looking at my first paycheck. I'm trying to wrap my head around how these payroll taxes work. I see the 7.65% coming out of my check for FICA/Medicare, but I keep hearing that employers also pay 7.65% for payroll taxes. Does this employer portion (7.65%) of payroll taxes (Medicare, etc) actually come out of my gross pay somehow? Or is this completely separate and the company pays this 7.65% on top of my salary from their own pocket? I'm trying to understand if my actual compensation costs my employer more than just my salary. Like if I make $60,000, are they actually paying $60,000 + additional payroll taxes? Or is the 7.65% they pay somehow coming from my $60,000? Thanks for explaining this - I've tried to figure it out online but keep getting confused by the terminology.

I'm still confused about this... if my W-2 shows $50,000 in Box 1 (Wages, tips, other compensation), does that include the employer portion of FICA taxes or not?

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No, Box 1 on your W-2 does NOT include the employer portion of FICA taxes. Box 1 shows your taxable wages after certain pre-tax deductions (like traditional 401k contributions or health insurance premiums). The employer's 7.65% FICA contribution is completely separate and isn't reported on your W-2 at all because it's not part of your taxable income. It's an additional cost to your employer that they pay directly to the government on your behalf, but it never appears on your tax forms or paystubs.

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Thanks for explaining! That makes sense. So basically my employer is paying more for my employment than what shows up in my gross pay. That actually makes me feel a bit better about my compensation package knowing there's this additional 7.65% being contributed on my behalf.

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This is such a great question and the responses here have been really helpful! I just wanted to add one more perspective as someone who recently made the transition from employee to contractor. When I was an employee making $65,000, I thought that was my "cost" to the company. But when I went freelance and started negotiating my contractor rate, I had to factor in that I'd now be paying the full 15.3% self-employment tax instead of just the 7.65% employee portion. Plus I lost other benefits like health insurance contributions and 401k matching. I ended up setting my hourly rate significantly higher to account for these additional costs. It really opened my eyes to how much employers actually invest in each employee beyond just the salary. The 7.65% employer FICA contribution is just the tip of the iceberg when you consider unemployment insurance, workers comp, benefits, etc. For anyone considering going freelance - make sure you factor in that you'll be paying both the employee AND employer portions of Social Security/Medicare taxes!

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@Daryl Bright That's a great question! When I made the transition, I used a combination of online freelance rate calculators and some spreadsheet work to figure out my target rate. The basic formula I used was: (desired annual income + self-employment taxes + lost benefits value) Γ· billable hours per year. For the benefits piece, I estimated my employer's health insurance contribution (around $6,000/year), 401k match (3% of salary), paid time off value, and those employer payroll taxes we've been discussing. It was eye-opening - what seemed like a $65k job was actually costing my employer closer to $85-90k when you factor everything in. I also found that many freelancers underestimate how many non-billable hours they'll have (admin work, finding clients, etc.), so I calculated based on only about 1,500 billable hours per year rather than a full 2,080 work hours. The key insight was realizing that as a contractor, you're not just replacing your salary - you're replacing your entire compensation package plus taking on additional business expenses and risks. It definitely made me appreciate how much employers actually invest in their employees beyond just the paycheck!

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Great question! When I was figuring out my freelance rates, I used a combination of online calculators and spreadsheets to work backwards from my employee compensation. The rule of thumb I found most helpful was to take your desired annual income and multiply by 1.5-2x to account for self-employment taxes, lost benefits, and business expenses. For the tax portion specifically, I calculated that the extra 7.65% I'd now pay (going from 7.65% to 15.3% total) meant I needed to earn about 8% more just to break even on that piece. Then I added estimates for health insurance (around $400-600/month for decent coverage), retirement savings (since no more 401k match), and a buffer for unpaid time off and business expenses. I ended up settling on about 1.7x my previous hourly equivalent, which has worked out well. The key is being realistic about ALL the costs you're taking on - not just the obvious ones like the additional payroll taxes we're discussing here!

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Post Office rejected my Form 2553 to IRS Ogden Office - no street address on envelope?

Ugh so frustrated right now. I'm trying to file my S-Corp election with Form 2553 for my new business consulting side gig, and I went to the post office today to mail it to the Ogden IRS office like the instructions say. The postal worker kept asking me for a street address and wouldn't accept just "Department of the Treasury, Internal Revenue Service, Ogden, UT 84201" that's clearly printed on the form instructions. I even pulled up the IRS website on my phone to show him this is literally the exact mailing address they provide! He kept saying the system was asking for a street name and number and he couldn't process it without that. I ended up having to leave without mailing my form. Has anyone else run into this problem? How did you get your Form 2553 to the Ogden office? Did you use a different carrier like UPS? Or am I missing something obvious here? The filing deadline is coming up fast and I really need to get this election filed on time.

USPS worker here. There's a super easy fix for this! Just write "Internal Revenue Service Campus" as the first address line, then the city/state/zip below. So it would look like: Internal Revenue Service Campus Ogden, UT 84201 Our system requires something in the street field, and this formatting satisfies it while still getting to the right place. We process thousands of IRS forms this way. Hope this helps!

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This is extremely helpful, thank you! I'll try this exact format tomorrow. Should I still do certified mail or is regular mail reliable enough for something as important as my S-Corp election?

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Definitely go with certified mail for your S-Corp election! For something as critical as Form 2553, the extra cost is absolutely worth it. If the IRS ever claims they didn't receive it, that green return receipt is your proof of delivery. Regular mail can get lost, and with tax deadlines, you don't want to take any chances. The certified mail receipt also serves as proof of timely filing if you mail it by the deadline, even if it arrives a few days later.

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This entire thread has been incredibly helpful! As someone who's been procrastinating on filing my S-Corp election partly because I was intimidated by the process, seeing all these practical solutions gives me the confidence to actually get it done. I especially appreciate how multiple people confirmed that the "Internal Revenue Service Campus" format works consistently. It's such a simple fix for what seems like a complex problem. The advice about going to the main downtown post office instead of neighborhood branches is gold - I never would have thought that the location could make such a difference in staff familiarity with government mailings. One question for those who've successfully filed: how long should I expect between when the IRS receives my Form 2553 and when I get some kind of confirmation that my S-Corp election has been accepted? I want to make sure I know what timeline to expect so I don't panic if I don't hear back immediately. Thanks again to everyone who shared their experiences - this community is saving small business owners like me from so much unnecessary stress and potential filing mistakes!

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Great question about the timeline! From what I've experienced and heard from others, you typically won't get a formal confirmation letter from the IRS acknowledging your S-Corp election unless there's a problem with your filing. If everything is correct, they just process it silently and your election becomes effective. However, you can call the IRS business line (though good luck getting through!) to confirm they received and processed your Form 2553. This is where services like Claimyr that were mentioned earlier in the thread can be really helpful - they can get you connected to an agent who can look up your filing status. Generally, if you don't hear anything back within 60-90 days, that's actually good news - it means your election was accepted and processed without issues. The IRS only sends correspondence if they need additional information or if there's a problem with your filing. Make sure to keep copies of everything including your certified mail receipt as proof of filing. That documentation will be important for your records and for your first S-Corp tax return. Welcome to the S-Corp club - it's definitely worth the filing hassle once you're through it!

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Injured Spouse vs Innocent Spouse Relief: Confused About Which to File With Wife's Child Support Debt

Hey tax people, I'm really confused about something and hoping someone can help clarify. Last year I believe I filed as an innocent spouse, but this year someone is telling me I should file as an injured spouse instead. The situation is that my wife owes a pretty hefty amount of child support from a previous relationship. I'm also wondering what the difference would be between filing as injured spouse versus just filing completely separately? My wife doesn't have any income right now, so I'm thinking that might factor into the decision somehow. Can anyone explain the differences between these options in plain English? I'm getting confused with all the tax terminology and want to make sure I'm filing correctly this time around.

One thing nobody's mentioned yet - if you file as Injured Spouse, it can take longer to get your refund. When I filed Injured Spouse last year because my husband had defaulted student loans, our refund took about 11 weeks instead of the usual 3 weeks. Just something to keep in mind if you're counting on getting that money quickly.

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Do you know if you can e-file with the injured spouse form or do you have to mail it in? I've heard both things from different people.

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You can definitely e-file with Form 8379 (Injured Spouse) included! Most tax software supports this now. I've done it through TurboTax and H&R Block in different years. If you file the injured spouse form with your original tax return, it processes much faster than if you submit it separately after filing. That's probably why you've heard conflicting information - submitting it separately after filing often requires mailing it in and takes much longer.

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Something else to consider - if your wife truly has zero income, filing jointly with the injured spouse form is almost always better than filing separately. When my wife wasn't working last year, I ran the numbers both ways and filing separately would have cost us about $4,200 more in taxes!

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That's good to know. Does the injured spouse form work for state taxes too or just federal?

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Injured Spouse Relief is only for federal taxes - it's an IRS form. For state taxes, each state has its own rules about debt offset and spouse protection. Some states have similar provisions, but you'd need to check with your specific state's tax department. Most states will follow the federal injured spouse allocation if they intercept your state refund for the same debt, but it's not automatic.

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1040X Amended Return: E-file vs Mail - Which is Faster for Processing?

Need to amend my 2022 return and wondering if mailing it in is still the only way? I heard there might be electronic filing for amendments now but not sure if thats true. Anyone know the fastest way to get this done and processed?

Been through this recently - definitely go with e-filing your 1040X! The difference is night and day. My paper amendment from 2021 took forever (like 7+ months) but when I e-filed one last year it was done in about 10 weeks. The IRS has really improved their electronic processing systems. Just make sure you have all your supporting docs ready and double-check everything before submitting since you can't easily correct an e-filed amendment like you can with regular returns.

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Just went through this exact situation! E-filed my 1040X about 6 weeks ago and already got confirmation it's being processed. My friend who mailed hers in September is still waiting 😬 Definitely go electronic if your tax software supports it. One thing I learned - make sure to keep checking your transcript because the "Where's My Amended Return" tool on the IRS website is pretty much useless. Also heard good things about that taxr.ai tool others mentioned for tracking progress!

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Thanks for sharing your experience! 6 weeks is amazing compared to what I'm hearing about mail processing times. Quick question - when you say "keep checking your transcript," how often were you checking? Like weekly or monthly? I don't want to be obsessively refreshing but also want to stay on top of any issues that might come up. And yeah, definitely going to check out that taxr.ai thing - seems like everyone's raving about it! πŸ™

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