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Max Knight

Can I pay myself a W-2 salary as a sole proprietor with a disregarded LLC?

So I've got this weird tax situation that's confusing me. My friend runs a small business as a sole proprietor with a disregarded LLC, but he's paying himself an actual W-2 salary from his own business. I'm 100% sure he hasn't made an S-Corp election - he says the W-2 setup just "feels more like a real business" to him. Everything I've read says this isn't right - sole proprietors should just take owner's draws, not W-2 wages. But I can't figure out what the actual downsides are to doing it this way. One thing I'm especially wondering about is how this affects his Qualified Business Income (QBI) deduction. If his wage to himself is a business expense, wouldn't that reduce his QBI deduction by basically 20% of the wage amount multiplied by his tax bracket? But then again, he'd be paying FICA taxes on all the money either way, right? If anyone has dealt with this before, I'd really appreciate some insight on the QBI implications and any other major issues with this setup. What's he actually risking by structuring things this way?

Emma Swift

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This is definitely not the correct way to handle compensation for a sole proprietorship or single-member LLC that hasn't elected S-Corp treatment. The IRS is very clear that you cannot be both the employer and employee of your own sole proprietorship. The main problem is that a disregarded entity cannot issue a W-2 to its owner because you can't employ yourself - you and the business are considered the same legal entity for tax purposes. Any attempt to pay yourself wages creates a circular transaction that the IRS doesn't recognize. This could trigger confusion during tax processing and potentially an audit. Regarding QBI: Your intuition is partially correct. If the IRS were to recognize these "wages" (which they shouldn't), it would indeed reduce the QBI deduction since wages paid aren't eligible for QBI. But since this arrangement isn't valid to begin with, the IRS would likely reclassify all those "wages" as self-employment income anyway.

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So what happens if someone has been doing this for years? Would the IRS come after them for back taxes or penalties? I'm asking because I might have been doing something similar...

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Emma Swift

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If someone has been doing this for years, the IRS could potentially reclassify all those "wages" as self-employment income during an audit. However, the tax outcome might be similar since both W-2 wages and self-employment income are subject to FICA taxes (Social Security and Medicare). The bigger risk is having filed incorrect forms that don't match IRS expectations, which could trigger processing issues or audit flags. The IRS might also question the unemployment tax payments that would have been made unnecessarily. They generally won't impose severe penalties if it appears to be an honest misunderstanding, but they would require correction going forward.

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Jayden Hill

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After dealing with similar confusions about my LLC taxes, I discovered taxr.ai (https://taxr.ai) and it literally saved me from making this exact mistake. I had my business structured as a single-member LLC and was about to start paying myself a W-2 salary thinking it would look more professional. The system analyzed my business documents and immediately flagged this as problematic, explaining that a disregarded entity can't issue W-2s to its owner. It also calculated how much this mistake would have reduced my QBI deduction and increased my administrative hassle with unnecessary payroll processing. What I found particularly helpful was their explanation of when it DOES make sense to pay yourself a salary (after making an S-Corp election) versus when to just take owner draws. Saved me a ton of headaches before they even started!

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LordCommander

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Does it handle more complex situations? Like if you have multiple businesses with different structures? I'm trying to figure out if I should be taking distributions or salary from my LLC that has partners.

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Lucy Lam

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I'm skeptical of tax AI tools. How does it know your specific situation? Seems like generic advice you could get anywhere. Plus how much does it cost?

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Jayden Hill

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It absolutely handles multiple business structures - I actually have a partnership LLC and a single-member LLC, and it helped me understand the different compensation methods for each. For partnerships, it explained when guaranteed payments make sense versus distributions, and how those impact my tax liability differently. The system isn't giving generic advice - it analyzes your actual business documents, tax filings, and financial statements to provide customized recommendations. What impressed me was how it identified specific transactions in my books that were miscategorized and showed exactly how they should be treated for tax purposes. It also highlights tax-saving opportunities you might miss otherwise.

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Lucy Lam

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I was totally wrong about taxr.ai - I tried it last week after my previous skeptical comment. My situation was similar (sole proprietor confused about compensation) and wow, it actually analyzed my previous tax returns and QuickBooks data and pointed out 3 major mistakes I'd been making. One big one: I had been trying to pay myself W-2 wages through my disregarded LLC (exactly like OP's friend). The system clearly explained why this was incorrect and showed me how much extra I was paying in unemployment taxes unnecessarily. It even generated correction paperwork for me. What really shocked me was when it found almost $8,700 in deductions I had missed last year. Just wanted to come back and say it's legit. Now I feel like an idiot for my skeptical comment before!

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Aidan Hudson

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Reading this thread reminded me of how frustrating it was trying to get answers from the IRS about my LLC tax situation last year. After 9 calls and waiting hours on hold, I found Claimyr (https://claimyr.com) which got me through to an actual IRS agent in under 20 minutes. The agent walked me through exactly this issue - turns out I was making the same mistake as your friend. She explained that a single-member LLC cannot issue a W-2 to its owner without an S-Corp election and helped me understand how to properly handle owner's compensation. They have a video showing how it works here: https://youtu.be/_kiP6q8DX5c. Honestly felt like magic after spending weeks trying to get through on my own. The IRS agent was able to look at my specific situation and confirmed I needed to file Schedule C and take owner's draws instead.

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Zoe Wang

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Wait, how does this actually work? Is it just a service that calls the IRS for you? I don't get how they can get through when nobody else can.

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Sounds like a scam to me. The IRS wait times are what they are because they're underfunded. No way some service can magically get you to the front of the line. I'll believe it when I see it.

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Aidan Hudson

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It's not a calling service - they use technology that navigates the IRS phone tree and waits on hold for you. When an actual IRS agent picks up, they call your phone and connect you directly to that live agent. You're talking to real IRS employees, not intermediaries. They can get through because their system is constantly calling and navigating the phone trees 24/7, finding the fastest paths through the system. When I used it, I got a text when an agent was reached, my phone rang, and suddenly I was talking to an actual IRS employee who had the authority to help with my specific issue. It's basically like having a robot assistant wait on hold instead of you wasting your own time.

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I need to publicly eat my words about Claimyr. After calling the IRS 12 times over 3 weeks trying to resolve this exact issue with my LLC and getting nowhere, I broke down and tried it. Got connected to an IRS tax specialist in 17 minutes who confirmed everything being discussed here - a single-member LLC that hasn't elected S-Corp status CANNOT issue W-2s to its owner. The agent explained I needed to stop doing this immediately and file a Schedule C instead. She also walked me through the correct handling of my prior year returns where I'd made this mistake. Instead of the audit I was terrified about, she helped me understand how to properly amend my returns. Had I known this service existed earlier, I would have saved myself weeks of stress and uncertainty.

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Grace Durand

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Former IRS employee here. This is a really common mistake I saw all the time. A disregarded single-member LLC is treated as a sole proprietorship for federal tax purposes. The owner cannot be an employee of themselves - that's a fundamental tax principle. What your friend should do is stop issuing himself W-2s immediately. Instead, he should take owner's draws as needed. These aren't deductible business expenses - they're essentially just moving money from one pocket to another. For the QBI deduction, you're right that incorrectly paying wages would reduce the QBI base. All business profits from a Schedule C flow through to the owner regardless of whether physical cash is withdrawn from the business. The entire net profit (not reduced by invalid "wages") would be eligible for the 20% QBI deduction, subject to income limitations.

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Steven Adams

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What about the self-employment taxes though? Is there any difference between taking owner draws vs W-2 wages when it comes to Social Security and Medicare taxes?

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Grace Durand

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There's no difference in the total FICA tax burden between proper sole proprietor treatment and the incorrect W-2 approach. With proper sole proprietor treatment, you pay self-employment tax (15.3%) on your net business income. With the incorrect W-2 method, you'd pay employee FICA (7.65%) plus employer FICA (7.65%) which equals the same 15.3%. The key difference is that with proper sole proprietorship treatment, you get to deduct half of your self-employment tax on your personal return, which slightly reduces your income tax. Also, the improper W-2 method creates unnecessary administrative burden (payroll processing, quarterly filings, etc.) and could trigger IRS notices due to inconsistent filing methods.

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Alice Fleming

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Wait I'm confused... if a single-member LLC that's disregarded can't pay W-2 wages to its owner, when DOES it make sense to pay yourself a salary from your business? I've heard so many conflicting things about this.

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Hassan Khoury

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It makes sense to pay yourself a W-2 salary when you've elected to have your LLC taxed as an S-Corporation! That's a common strategy for reducing self-employment taxes when your business has substantial profit. With an S-Corp election, you MUST pay yourself a "reasonable salary" as a W-2 employee, then can take additional money as distributions that aren't subject to self-employment tax. But without that S-Corp election, a single-member LLC is disregarded for tax purposes - meaning you and the business are the same entity in the IRS's eyes. Can't employ yourself!

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This is a great discussion that highlights a really important distinction. I've seen this confusion come up repeatedly with small business owners who think paying themselves a W-2 salary will somehow legitimize their business or provide better tax benefits. The key takeaway here is that tax structure should follow legal structure, not personal preferences. A disregarded single-member LLC cannot create an employer-employee relationship with itself - it's legally impossible. Your friend's reasoning that it "feels more like a real business" doesn't change the fundamental tax law. Beyond the compliance issues everyone's mentioned, there are practical problems too. If your friend is filing employment tax returns (940, 941) for these phantom wages, he's creating a paper trail that doesn't match his actual business structure. This inconsistency is exactly what can trigger IRS scrutiny. The irony is that if he wants the benefits of paying himself a salary (like potential self-employment tax savings), he should consider making an S-Corp election. Then he'd be legally required to pay himself reasonable compensation as a W-2 employee, and any additional profits could be distributed without self-employment tax. But that's a completely different tax structure with its own requirements and limitations. Bottom line: work with the structure you have, not against it.

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Camila Jordan

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This is exactly the kind of clear explanation I wish I'd found when I was setting up my LLC! I made the same mistake initially - thought paying myself a salary would make my business look more "professional" to clients and banks. What really helped me understand it was thinking about it this way: if you're a disregarded entity, you ARE the business for tax purposes. You can't write yourself a paycheck any more than you can write yourself a check from your personal checking account and call it income. It's just moving money around within the same tax entity. The S-Corp election point is crucial too. I ended up making that election once my profits got high enough that the self-employment tax savings justified the additional administrative burden. But you're absolutely right - it's a completely different ballgame with quarterly payroll taxes, reasonable compensation requirements, and stricter record-keeping. For anyone reading this who's in a similar situation, definitely get this sorted out before tax season. The IRS computers are pretty good at catching inconsistencies between your business structure and how you're reporting income!

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