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Liam McConnell

Is it possible to form a partnership between myself and my S corporation?

I've been doing some tax research trying to figure out the best structure for my business. Right now I have an S corporation that I own 100%. What I'm wondering is - can I actually create a partnership between myself (as an individual) and my S corporation? I've heard some conflicting information about this. Would IRS view this as a valid partnership or would there be issues since I already own the S corp? I'm trying to find a way to get more flexibility with income splitting and business deductions. My accountant is out of town for another week and I need to make a decision soon for next year's tax planning. Has anyone done this before or know if it's even legal? What kind of tax forms would I need to file if this was possible?

This is actually a really good question about entity structuring. While it's technically possible to form a partnership between yourself and an entity you own (like your S corporation), it creates some complex tax issues you should be aware of. The IRS generally recognizes partnerships between individuals and entities, but they look closely at arrangements where the same person effectively controls both sides of the partnership. This could potentially trigger scrutiny under substance-over-form or step-transaction doctrines. For tax purposes, you'd need to file Form 1065 for the partnership, which would issue K-1s to both you personally and to your S corporation. Your S corp would then need to incorporate its K-1 income on its 1120S, which ultimately flows through to you on your personal Form 1040 via a separate K-1 from your S corporation.

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CosmicCaptain

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Thanks for this explanation. I've been considering something similar. Would there be any benefit to this arrangement compared to just having the S corp? And is there a minimum percentage the S corp would need to own in the partnership to avoid it looking like a tax avoidance scheme?

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The main potential benefit would be creating opportunities for income splitting or asset protection that might not be available with just an S corporation structure. However, these benefits need to be weighed against the complexity and potential scrutiny. There's no specific minimum percentage requirement by law, but partnerships with significantly uneven ownership splits (like 99/1) where the same person ultimately controls both sides tend to receive more scrutiny. A more balanced ownership arrangement typically looks less artificial to the IRS. The partnership must also have legitimate business purpose beyond tax advantages to withstand potential challenges.

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How exactly does it work? Do you just upload your documents and it gives recommendations? I'm skeptical about putting my business info into some random website.

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Did it explain how the self-employment tax would work in this arrangement? That's what I'm most confused about - whether partnership income would create additional SE tax liability that you wouldn't have with just the S corp.

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It has a secure document scanner where you upload your business formation documents, tax returns, and any IRS notices - then it analyzes everything to identify the regulations that apply to your specific situation. They use bank-level encryption, so I felt comfortable with the security. Yes, it absolutely covered self-employment tax implications! This was actually one of the most valuable insights. It showed how partnership income flowing to me personally would be subject to self-employment tax while distributions flowing through the S corp might avoid some of those taxes if structured properly. It provided a side-by-side comparison of the tax consequences of different arrangements.

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If you're still trying to get answers about your S-corp/partnership question and can't reach your accountant, you might want to try calling the IRS Business Tax Line directly. I know it sounds like torture, but I used this service called https://claimyr.com and they actually got me through to a real IRS agent in under 20 minutes. I was in a similar situation last year trying to figure out some complex business structure issues and spent DAYS trying to get through to the IRS myself. Then I found Claimyr (there's a video showing how it works at https://youtu.be/_kiP6q8DX5c). They somehow navigate the IRS phone system for you and call you back when they've got an agent on the line.

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Dmitry Petrov

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Wait, seriously? How much does this cost? The IRS phone system is literally the worst thing I've ever experienced. I tried calling about a partnership question last month and gave up after being on hold for 2.5 hours.

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StarSurfer

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StarSurfer

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Ava Martinez

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I've seen people try this S corp/partnership arrangement and it usually doesn't end well. The IRS tends to look at the substance over form. Since you already own 100% of the S corp, and would own some percentage of the partnership, they might view it as a circular arrangement without real economic substance. If you're looking for income splitting, have you considered bringing in family members as legitimate minority shareholders in your S corp? That can be a cleaner way to distribute income if done properly.

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Thanks for the insight! I hadn't considered adding family members as S corp shareholders. Would my spouse or adult children qualify? And does the IRS require them to be actively working in the business to be shareholders?

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Ava Martinez

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Yes, your spouse and adult children can absolutely be shareholders in your S corporation. The IRS doesn't require S corporation shareholders to work in the business - they can be passive investors. However, if you're trying to justify paying them salaries (which would be deductible to the business), then they would need to perform actual services with market-rate compensation. But if you're simply allocating a portion of profits through distributions, they don't need to be active in the business. Just make sure any ownership transfers are properly documented and reflect legitimate gift or sale transactions.

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Miguel Castro

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I think a better solution might be a "brother-sister" corporate structure where you create a second, separate entity rather than a partnership between yourself and your S corp. My accountant set this up for me last year - I have an S corp for my consulting business, then a separate LLC taxed as a partnership that handles all our intellectual property and equipment. The S corp pays the LLC licensing fees, which helps optimize our total tax situation.

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Isn't that arrangement exactly what the IRS looks at closely though? I thought paying yourself rent or licensing fees between related entities was one of those red flags they specifically look for?

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