Back to IRS

Jamal Carter

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?

The IRS requires S corporation shareholder-employees to take a "reasonable salary" regardless of having another W2 job. This isn't optional once your business has substantial profit - which at $400-650k would definitely qualify. The key concept is "reasonable compensation" for the services you provide to your S corp. Even if you're working full-time elsewhere, the IRS expects you to pay yourself what someone would typically earn doing whatever work you perform for your S corp. If you're running a successful business generating that level of profit, the IRS will definitely expect to see a salary. Your Social Security cap from your W2 job does factor in, but Medicare taxes have no cap and apply to all earned income. Plus, the IRS specifically looks for S corps avoiding payroll taxes by taking only distributions - it's a common audit trigger.

0 coins

But what's considered "reasonable"? Like if the business is mostly automated or I have contractors doing most of the work, couldn't I argue that my actual time contribution is minimal? Also, how do they even track this stuff?

0 coins

A reasonable salary is based on what would typically be paid to someone performing similar services in your industry and location. Even with automation and contractors, as the business owner making strategic decisions, managing those contractors, and overseeing operations, you're providing valuable services that require compensation. The IRS looks at factors like your qualifications, time spent, duties performed, and comparable pay in your industry. They don't need to "track" your time - they look at the business's profit relative to your salary. A $650k profit business with no salary or a very low one is a major red flag. Courts have consistently sided with the IRS when S corp owners take little to no salary from highly profitable businesses.

0 coins

After spending hours trying to understand S corp requirements, I found taxr.ai (https://taxr.ai) and it literally saved me from making a huge mistake with my own S corp. I was in a similar position - working a full-time job while my side business was growing, and I wasn't sure when I needed to start payroll. The tool analyzed my situation and clearly explained that I needed to start payroll once my business showed consistent profit. It showed me exactly how the IRS views "reasonable compensation" based on my specific industry and role. The best part was it gave me documentation I could show my accountant to back up my salary decision. What surprised me was how it compared different salary amounts and showed the tax implications of each option. It actually found a sweet spot where I could minimize taxes while staying compliant.

0 coins

Does it actually give you a specific salary number to use? My accountant keeps saying "reasonable salary" but won't commit to an exact figure and it's driving me crazy.

0 coins

I'm skeptical about these online tools. How does it know what's reasonable in your specific industry? My understanding is this is pretty subjective and depends on a ton of factors.

0 coins

It doesn't just give you a single number but provides a range based on industry data for your specific role and location. It shows salary data from multiple sources so you can see what's considered reasonable in your field. My accountant was actually impressed with how comprehensive the analysis was. The tool uses industry-specific data from multiple sources, including BLS statistics and private salary databases. It's not just a generic calculator - it asks detailed questions about your business activities, time involvement, training/expertise, and geographic location. For my digital marketing business, it showed comparables for similar-sized operations and identified the specific services I perform that require compensation.

0 coins

I was in your exact shoes last year and was super skeptical about these "magic" tax tools. My accountant kept giving me vague answers about what salary I needed to pay myself from my S corp while I was working full-time elsewhere. I finally tried taxr.ai after seeing it mentioned here, and honestly, it was eye-opening. The system walked me through a detailed analysis of my specific situation (e-commerce business + full-time tech job) and showed me exactly what the IRS would consider reasonable compensation for my industry. What convinced me was how it broke down my business activities and matched them to comparable salary data. It wasn't just a generic calculator - it actually analyzed the specific work I was doing. I ended up setting my S corp salary at $72k (even though my business made about $300k) and my accountant agreed it was well-supported by the documentation the tool provided. The best part was having actual documentation to support my salary decision in case of an audit. Definitely worth checking out if you're in this situation.

0 coins

When I needed to reach the IRS about my S corp payroll questions last year, it was IMPOSSIBLE to get through. After 9 attempts and hours on hold, I found Claimyr (https://claimyr.com) and they got me connected to an actual IRS agent in under 20 minutes. The agent confirmed that yes, I absolutely needed a reasonable salary from my S corp despite having a W2 job, and explained that the "reasonable" part depends on my duties, industry standards, and business profits. She even sent me official documentation about it. Check out how it works: https://youtu.be/_kiP6q8DX5c - they basically hold your place in the IRS phone queue and call you when an agent is available. Saved me days of frustration trying to get an official answer.

0 coins

How does this actually work though? They just call the IRS for you? Couldn't I just do that myself?

0 coins

Yeah right. The IRS won't even answer their phones. I've been trying for months to get someone to explain S corp salary requirements. No way some service can magically get through when millions of people can't.

0 coins

They use a sophisticated system that navigates the IRS phone tree and holds your place in line. You simply enter your phone number and they call you when they've reached an agent. It's not that they have special access - they just handle the waiting game for you. Technically you could do it yourself, but you'd need to stay on hold for potentially hours. With Claimyr, you go about your day and they call you when an agent is ready to talk. I was skeptical too until I tried it - but it works exactly as advertised.

0 coins

I literally just called the IRS today using Claimyr after seeing it mentioned here, and I'm honestly shocked. After trying for WEEKS to get through on my own about S corp payroll requirements, they connected me to an agent in 17 minutes. The IRS agent confirmed what others are saying - you definitely need a reasonable salary from your S corp regardless of other employment. She explained that at $400-650k profit, taking zero salary would be a major red flag. She specifically mentioned that they look at the gap between distributions and salary, and taking $650k in distributions with $0 salary is basically asking for an audit. The agent recommended documenting how I determined my reasonable salary based on my duties, time commitment, and industry standards. She also confirmed that while yes, your W2 job's Social Security contributions count toward the cap, you still need a reasonable S corp salary. Worth every penny to finally get actual IRS confirmation instead of random internet advice.

0 coins

I'm a CPA who works with many S corps. Here's the thing - there's no specific profit threshold that triggers the salary requirement. Technically, you should have a reasonable salary from day one if you're performing services for your S corp. That said, the higher your profit, the more scrutiny you'll receive. At $400-650k profit, you absolutely need a significant salary. I typically recommend at least 30-40% of profit as salary for service businesses. The "reasonable compensation" standard is based on what someone would be paid to do your job in your industry. Even if you're mostly managing or have systems set up, you're still providing valuable services.

0 coins

Thanks for the insight. What if my S corp is primarily generating income through digital assets that run mostly on autopilot? Would I still need to pay myself 30-40% of profits as salary even if I'm only spending maybe 5-10 hours a week actually working on it?

0 coins

Even with mostly automated systems, you're still providing valuable services as the owner. You're making strategic decisions, maintaining those systems, and overseeing the business. The IRS doesn't just look at hours worked but the value you provide. That said, if you truly have minimal involvement, you might justify a somewhat lower salary percentage, but certainly not zero. Document your actual time commitment, the systems you've built, and compare to industry standards. At 5-10 hours weekly with $400-650k profit, I'd still recommend a minimum salary around $80-120k to be safe, especially if those digital assets required your expertise to create or maintain.

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

Thanks for sharing your audit experience - that's really helpful to hear a real-world example of what happens when you don't take salary from a profitable S corp. Can you share what salary amount you ended up having to establish after the audit? I'm trying to get a sense of what the IRS actually considers "reasonable" for different profit levels. Also, did they make you pay back taxes for previous years or just going forward?

0 coins

I had to establish a $75k annual salary going forward and pay back taxes for the two previous years where I should have been taking salary. The IRS calculated what they considered reasonable based on my business activities (consulting/digital marketing) and industry standards in my area. For back taxes, I owed the employer and employee portions of Social Security and Medicare taxes on what they determined should have been my salary for those years - about $85k total with penalties and interest. It was brutal. The audit took about 8 months to resolve. They looked at my business profits, the services I provided, comparable salaries in my industry, and time commitment. Even though I argued I only worked 10-15 hours per week on the business, they said the profits indicated I was providing valuable strategic oversight that warranted significant compensation. My advice: don't wait for an audit to figure this out. At your profit levels, you're definitely on their radar.

0 coins

I can share what happened in my case - the IRS made me establish a $85k annual salary going forward and I had to pay back taxes for the previous two years where I took zero salary. They calculated it based on what a business consultant in my area would typically make, considering my education and the fact that I was clearly providing valuable services given the business profits. The back taxes were brutal - not just the payroll taxes I should have paid, but also penalties and interest. It ended up costing me about $45k total between back taxes, penalties, and additional accounting fees. They basically treated my distributions from those years as if they should have been partially salary. What really hurt was the 6% failure-to-deposit penalty on top of everything else. The IRS agent told me that businesses making over $250k with no payroll are almost guaranteed to get flagged for audit. Definitely don't wait like I did - the costs of compliance are way less than the costs of getting it wrong.

0 coins

The IRS made me establish a $85k salary going forward and pay back taxes for the two previous years where I had taken distributions without salary. They calculated what they considered reasonable compensation based on my role (business consulting/digital marketing) and the business profits. For the back taxes, I owed about $13k in unpaid payroll taxes plus another $4k in penalties and interest. The agent explained they typically look back 3 years, but since I cooperated fully and got compliant immediately, they only assessed the most recent 2 years. The $85k salary was based on what someone with my experience would earn doing similar consulting work in my market. At $300k business profit, that worked out to about 28% as salary, which the agent said was reasonable for a service-based business. For your profit levels of $400-650k, you're probably looking at $100-180k salary range depending on your specific industry and role.

0 coins

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.

0 coins

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.

0 coins

IRS AI

Expert Assistant
Secure