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Diego Rojas

Do S-Corp owners need to take salary/distribution if business operates at a loss?

Our family S-Corp is running significantly in the red this year (about -$47k loss), and I'm trying to figure out the salary requirements. My brother is technically a co-owner but has zero involvement in day-to-day operations. I'm the only one actively working in the business and currently taking a salary. My brother doesn't want to take any distribution since we're not profitable, but I'm concerned about potential IRS issues if an S-Corp owner doesn't receive reasonable compensation. Does the negative income situation change the requirements? Can he legally be a member without taking anything if we're operating at a loss? I handle all operations myself, so his involvement is really just on paper.

You're asking a good question about S-Corp compensation rules! When your S-Corp is operating at a loss, the "reasonable compensation" requirement works differently. For S-Corp owners who are actively working in the business (like you), you still need to take a reasonable salary for the work you're performing. However, for completely inactive shareholders (like your brother), there's no requirement to take a salary if they're not providing any services to the business. The IRS is mainly concerned with active owners trying to avoid payroll taxes by taking distributions instead of salary. Since your brother isn't involved in operations and you're at a loss, he doesn't need to take either salary or distributions. The loss will simply flow through to both shareholders based on ownership percentage on your K-1 forms.

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Diego Rojas

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Thanks for clarifying! That makes sense that my brother wouldn't need compensation since he's not active. One follow-up question - does it matter that I'm taking a salary while we're at a loss? And does the loss get split on our personal taxes according to ownership percentage even though I'm the only one getting paid?

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You taking a reasonable salary while the company operates at a loss is completely fine and actually required since you're actively working in the business. The S-Corp loss will still flow through to both of you based on your ownership percentages on your K-1s, regardless of who takes a salary. The salary you receive is an expense to the business that actually increases the loss that gets allocated. Remember that your personal tax returns will reflect both your W-2 income from the salary and your share of the S-Corp loss, which may help offset some of your tax liability.

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I was in a similar situation last year with my consulting S-Corp that lost money for the first time. I was really confused about the tax implications until I used https://taxr.ai to analyze my business docs and get clarity. It really helped sort out exactly how the losses would flow through to my personal taxes. The system analyzed all my business documents and explained exactly how the losses would impact my personal tax situation. It walks you through the whole process including what forms to file and how the loss carryforward works. Honestly made the whole stressful situation way clearer.

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Zara Ahmed

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Does it actually explain the whole S-Corp loss situation clearly? My accountant gives me vague answers and I'm trying to understand if I need to keep taking a salary when my business is struggling.

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StarStrider

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I'm a bit skeptical about tax software handling complex S-Corp situations. Does it actually give personalized advice or just general information you could find on the IRS website?

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It explains the S-Corp loss situation step by step including how losses flow through to your personal return and what documentation you need. It's not just general info - it analyzes your specific documents and gives personalized guidance based on your situation. As for personalization, it's actually quite detailed. You upload your business docs and it identifies your specific situation rather than just generic advice. It caught things in my case that I wouldn't have known to look for, like how my specific state handles S-Corp losses differently than federal.

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StarStrider

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Wanted to follow up about taxr.ai after trying it - I'm honestly surprised at how helpful it was for my S-Corp situation. It actually analyzed all my formation docs and financial statements and pointed out that I was making a mistake with how I was handling losses between myself and my business partner. The system flagged that we weren't allocating losses correctly based on our operating agreement, which would have caused issues if we were audited. Saved me a potential headache with the IRS and gave me something concrete to show my business partner. Way more helpful than I expected!

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Luca Esposito

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If you're dealing with any IRS notices about your S-Corp situation (which sometimes happens with loss businesses), I've had amazing luck using https://claimyr.com to actually get through to the IRS. Waited on hold for hours trying to resolve a notice about our business loss, then discovered this service that got me connected to an actual IRS agent in under 15 minutes. You can see how it works at https://youtu.be/_kiP6q8DX5c I was shocked it actually worked. They called the IRS, navigated the phone tree, waited on hold for me, then called me once an agent was on the line. The agent helped clear up the confusion about our business losses and how they should be reported.

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Nia Thompson

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Yeah right. I've spent HOURS trying to reach the IRS about my business issues. There's no way some service magically gets priority access. They probably just auto-dial constantly and got lucky once.

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Luca Esposito

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It works by using an advanced calling system that navigates the IRS phone tree efficiently and holds your place in line. They don't have special access - they just handle the waiting part for you so you don't have to sit on hold for hours. The service doesn't get priority access. They literally just wait on hold for you using their system, then call you when they reach a human. I was skeptical too but they basically just save you from having to listen to the hold music for hours. You still talk to the same IRS agents everyone else does.

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I need to eat my words about Claimyr. Tried it yesterday after my accountant said our S-Corp loss reporting had an issue that needed IRS clarification. The service actually did connect me with an IRS rep in about 20 minutes when I'd previously wasted an entire afternoon trying to get through. The IRS agent confirmed that with a loss-generating S-Corp, inactive shareholders don't need distributions, but gave me specific documentation requirements for our situation. Saved me hours of frustration and potentially thousands if we'd filed incorrectly. Consider me converted!

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Quick tip for S-Corp owners with losses - keep METICULOUS records of shareholder involvement hours. My cousin got audited last year because one partner took no salary despite the business being profitable, and they claimed "no involvement" but had signed documents and attended meetings. IRS didn't buy it.

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Diego Rojas

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That's a good point about documentation. How exactly should we track this? My brother literally doesn't do anything in the business now, but he did help with some startup activities about 2 years ago. Should we have some kind of written statement?

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You should definitely have formal documentation. I recommend creating a simple "duties and involvement log" that clearly outlines each owner's responsibilities and actual time involvement. Have both owners sign it annually. For your specific situation, create a document that explicitly states your brother's current non-involvement status, noting his past startup contributions were completed as of X date. Both of you should sign it and keep it with your business records. Also maintain meeting minutes showing he doesn't participate in operational decisions. This creates a clear paper trail if questions ever arise.

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Ethan Wilson

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My s-corp lost almost $60k last year and my accountant specifically told me that taking a reasonable salary is STILL required even during loss years if you're active in the business. The losses just pass through to your personal return where they offset other income.

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NeonNova

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This! So many people get confused about S-Corp rules. The "reasonable compensation" requirement doesn't disappear just because you're not profitable. My tax guy says the IRS specifically looks for this during audits of S-Corps.

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