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Andre Dubois

How owning an S corp rental property affects Social Security earnings limit after retirement?

I retired early last year at 63 and started collecting Social Security. I own an S corporation that holds a couple rental properties. The properties bring in about $2,600/month in income but I'm not actively managing them - I hired a property manager who handles everything. I'm getting confused about how this rental income through my S corp might count toward the yearly earnings limit ($21,240 for 2025 I think?). My tax guy is on vacation and I've been reading contradicting info online. Some places say S corp distributions don't count toward the earnings test, but others mention something about "substantial services" being the determining factor? Anybody gone through this with Social Security? Really worried about accidentally triggering benefit reductions!

CyberSamurai

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This is a good question that trips up a lot of people. With an S corporation, how the income affects your Social Security earnings limit depends on how the money flows to you. The key points: 1. Passive income (like rental income) generally doesn't count toward the earnings test 2. S corporation distributions/profits passing through to your personal return don't count as "earnings" for the SSA earnings test 3. However, if you're paying yourself a salary from the S corp, that DOES count 4. The "substantial services" test applies to whether you're actually WORKING in the business If you're truly passive and the property manager handles everything, and you're only receiving distributions (not salary), you should be fine. But document everything in case SSA questions it.

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Andre Dubois

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Thanks so much! I do take a small salary from the S corp ($800/month) because my accountant said I needed to take "reasonable compensation" for tax purposes. So I guess that part would count toward the limit? The rest comes as distributions quarterly.

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I went through this EXACT situation last year! The salary portion definitely counts against your earnings limit, but the distributions don't. Keep really detailed records showing your limited involvement. My experience: SSA initially counted ALL my S corp income and reduced my benefits, but after I appealed with documentation showing the property manager handles daily operations, they reversed it and only counted my $12K salary. The key is proving you're not providing "substantial services" to the business. Document EVERYTHING!

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Jamal Carter

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thats good to know! did you need a lawyer to help with your appeal or could you do it yourself? my brother has rental properties too in his retirement

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Mei Liu

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My cousin says all rental property income affects benefits!!!! I thought ANY income counted. This is so confusing!!! Why does social security make everything SO HARD TO UNDERSTAND.

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CyberSamurai

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Your cousin is incorrect. The Social Security earnings test only counts EARNED income - meaning income from actually working. Rental income itself is considered unearned/passive income. However, if you're actively managing properties and taking a salary for that work, that salary portion would count. But standard rental income flowing through on your tax return doesn't count against the earnings limit.

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I spend HOURS trying to get through to SSA to ask this exact question last year when I retired! Kept getting disconnected or waiting forever. Finally found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in about 20 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Anyway, the agent confirmed what others are saying - only the salary portion counts against earnings test, not the S corp distributions. But get this IN WRITING because different SSA reps sometimes give different answers! I requested a formal written determination just to be safe.

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Andre Dubois

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Thank you - I'll check out that Claimyr service. I've been trying to reach someone at SSA for weeks! Getting something in writing sounds like a smart approach. Did you just ask them directly for a written determination?

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Amara Nwosu

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When I retired SSA counted my s-corp money and reduced my benefit! Make sure you tell them theres a property manager. I didnt and they assumed I was working.

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This is a really important point. The burden of proof falls on YOU to demonstrate that you're not providing substantial services. Did you appeal their decision? You might be able to get retroactive payments if you can now prove you weren't actively working in the business.

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AstroExplorer

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I'm going through a similar situation with my Social Security benefits and S-corporation. The most important distinction is understanding what constitutes "substantial services" according to SSA. Based on my research and conversations with SSA, they consider factors like: - Hours you personally spend on business activities - The nature of your involvement - Whether your services are essential to operation In your case, having a documented relationship with a property management company is extremely helpful in proving your passive role. Make sure your property management agreement clearly outlines all their responsibilities. Also important: Report your salary from the S-corp on your Annual Earnings Report to SSA (you can do this through your my Social Security account online). Being proactive about reporting prevents unexpected benefit reductions later. The $800/month salary ($9,600 annually) is well below the 2025 limit of $21,240, so you should be fine.

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Andre Dubois

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This is incredibly helpful information. I'm relieved to hear my salary is under the limit. I'll definitely report it proactively. Should I also send SSA a copy of my property management contract to have on file, or just keep that ready in case they ask questions?

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Jamal Carter

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my accountant told me that the ssi people only look at the w2 from your corporation not the k1 part so its just the salary that matters for thr earnings test so your probably fine with just 800 a month

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AstroExplorer

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Your accountant is correct. SSA primarily looks at W-2 income (wages) for the earnings test, not the pass-through income reported on Schedule K-1. However, it's worth noting that "Social Security people" and "SSI people" are different programs - this earnings test applies to retirement benefits (RSDI/RIB), not SSI which has different income rules altogether.

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Mei Liu

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This whole system is RIDICULOUS!!! Why should you be penalized for being SMART enough to have investment income??? The government just wants to TAKE YOUR MONEY and make it IMPOSSIBLE to understand the rules. My brother lost THOUSANDS because of this earnings limit garbage.

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The earnings limit isn't meant to be a penalty - it's based on the original concept that Social Security replaces lost wages when you retire. If you're still working and earning wages, you're not fully "retired" in their view. Investment income isn't penalized because it's not wages replacing your work. The earnings limit also goes away once you reach your Full Retirement Age (66-67 depending on birth year). After that, you can earn unlimited wages with no reduction in benefits.

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Andre Dubois

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Thanks everyone for the great information! To summarize what I've learned: 1. Only my $800/month salary counts toward the earnings limit, not the S corp distributions 2. I should proactively report this on my Annual Earnings Report to SSA 3. I need to keep documentation proving I'm not actively managing the properties 4. Getting something in writing from SSA about my specific situation is a good idea I'm going to try that Claimyr service to actually reach a human at SSA and request a written determination. Will also make sure my property management agreement clearly shows they handle everything. Feel much better about this now!

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AstroExplorer

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Great summary! One additional tip: When you speak with SSA, specifically ask about the "material participation" standard as it relates to your situation. This is the formal term they use when evaluating business involvement, and using their terminology helps ensure you get the most accurate information. Good luck!

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Chloe Harris

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I'm a newcomer to this community but have been dealing with similar retirement income questions. This thread has been incredibly helpful! I'm particularly interested in the documentation aspect everyone mentioned. For those who have gone through this process, what specific documents did you keep to prove passive ownership? I'm thinking of setting up an S corp for some rental properties I inherited, but want to make sure I structure everything properly from the start to avoid issues with SSA later. Also, does anyone know if there are differences in how SSA treats inherited rental properties versus ones you purchased yourself? Thanks for all the great information shared here!

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NeonNova

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Welcome to the community! Great questions about documentation. From what I've learned in this thread and my own research, you'll want to keep these key documents: 1) Property management agreement clearly outlining all their responsibilities, 2) Bank statements showing management fees being paid, 3) Records of any property visits or time spent (to prove minimal involvement), 4) Communication records with property managers, and 5) Your S corp operating agreement showing passive ownership structure. Regarding inherited vs purchased properties - SSA generally doesn't distinguish between how you acquired the properties, they focus on your current level of involvement and services provided. The key is proving you're not providing "substantial services" regardless of how you obtained them. Setting up the S corp structure from the beginning with clear documentation of your passive role is definitely the smart approach!

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Welcome to the community @Chloe Harris! Your timing is perfect - this thread has been a goldmine of information. For documentation, I'd add a few items to what @NeonNova mentioned: keep detailed records of your property management company's licensing/credentials, any insurance policies that list you as passive owner, and annual statements showing rental income vs. your actual time involvement (like a simple log showing "0 hours property management" each month). One thing I learned from my own situation is that SSA sometimes asks for a "business activities statement" where you detail exactly what you do vs. what others do for the business. Having this documentation ready beforehand made my conversation with them much smoother. The inherited vs. purchased distinction isn't really relevant to SSA - they only care about your current involvement level, not how you acquired the assets. Setting up the S corp structure properly from day one is definitely the way to go. You might also want to consider having your attorney or accountant draft a memo outlining your passive investor status for your files. Good luck with your setup!

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Thank you @Fatima Al-Suwaidi and @NeonNova for the warm welcome and detailed documentation advice! This is exactly what I was hoping to learn. The business activities statement concept is particularly valuable - I hadn t'thought about proactively preparing something like that. I m'curious about one more aspect: when you set up your S corp initially, did you structure the ownership percentages in any particular way that helped demonstrate passive status? Or is it more about the operating agreement language and documented procedures? I want to make sure I m'not inadvertently creating any red flags that might suggest active management when I file the paperwork. Also, @Andre Dubois - thanks for starting this thread! Your situation sounds very similar to what I m planning,'and seeing how others have navigated this gives me much more confidence about moving forward with the S corp structure.

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Welcome to the community! As someone who's been through the SSA earnings test maze with rental properties, I can share some insights on your S corp structure questions. Regarding ownership percentages - SSA doesn't really focus on your ownership percentage in the S corp, but rather on the SERVICES you provide. You could own 100% and still be considered passive if you're not providing substantial services. The key is in your operating agreement language and documented procedures showing you're an investor, not an active manager. Some specific language to consider in your operating agreement: - Clearly state you're a passive investor - Prohibit yourself from day-to-day management activities - Require all operational decisions go through the property management company - Document that you receive distributions as a return on investment, not compensation for services One thing I learned the hard way: even if you structure everything perfectly, SSA may still initially count all S corp income if they don't understand your setup. Having that documentation ready from day one makes the appeal/clarification process much smoother. Since you're inheriting the properties, you're actually in a great position to demonstrate passive ownership from the start. Just make sure your attorney emphasizes the investment nature of your role when drafting the S corp documents. Good luck with your setup!

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Caleb Stone

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@Emily Nguyen-Smith, this is incredibly helpful advice! As someone new to both this community and S corp structures, I really appreciate the specific language suggestions for the operating agreement. The point about SSA potentially counting all income initially, even with proper structure, is something I wouldn't have anticipated. Your mention of prohibiting day-to-day management activities in the operating agreement is particularly smart - it creates a legal framework that supports the passive status rather than just relying on informal arrangements. I'm definitely going to discuss these specific provisions with my attorney. One follow-up question: when you went through the appeal/clarification process with SSA, did they accept the operating agreement language as sufficient proof, or did they also want to see evidence of actual compliance with those provisions over time? I'm wondering if I should also plan to maintain some kind of annual compliance documentation showing I'm actually adhering to the passive restrictions outlined in the agreement. Thanks again for sharing your experience - it's exactly the kind of real-world insight that makes this community so valuable!

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Ethan Moore

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As a newcomer to this community, I wanted to share my recent experience that might help others in similar situations. I just went through the SSA review process for my S corp rental income last month, and the documentation everyone mentioned here was absolutely crucial. What made the biggest difference in my case was having a detailed "passive investor affidavit" that my attorney prepared, which specifically outlined my limited role and referenced all the supporting documentation (property management agreements, payment records, time logs showing minimal involvement, etc.). SSA accepted this package without requiring an appeal. One thing I learned that wasn't mentioned yet: if you're taking ANY salary from the S corp, make sure it's truly "reasonable compensation" for whatever minimal services you do provide (like reviewing quarterly reports or signing annual documents). SSA can challenge unreasonably low salaries as a way to avoid payroll taxes, which could complicate your earnings test situation. Also, I found it helpful to maintain a simple monthly log documenting my actual involvement - even if it's just "reviewed monthly statement via email - 15 minutes" or "no property-related activities this month." This creates a paper trail showing your consistent passive role over time. The peace of mind from having everything properly documented from the start is worth the extra effort!

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Dominic Green

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@Ethan Moore, thank you for sharing your recent experience! As someone just starting to navigate this process, your practical insights are incredibly valuable. The "passive investor affidavit" concept is brilliant - I hadn't heard that term before but it makes perfect sense to have a formal document that ties everything together rather than just having scattered documentation. Your point about reasonable compensation is particularly important and something I need to discuss with my attorney. I was thinking of keeping the salary as minimal as possible, but you're right that it needs to be defensible as reasonable for whatever services I actually provide, even if minimal. The monthly log idea is excellent too - it creates that ongoing paper trail showing consistent passive behavior over time rather than just having static documents from the setup phase. I'm definitely going to implement this from day one. Can I ask how long the SSA review process took in your case once you submitted all the documentation? And did you proactively send them the affidavit and supporting documents, or did they request it after initially counting all your S corp income? I'm trying to decide whether to be proactive or wait to see how they initially treat my situation. Thanks again for sharing such practical, actionable advice!

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Royal_GM_Mark

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As a newcomer to this community, I've been following this thread closely as I'm considering early retirement next year and have been worried about how my small business income might affect Social Security benefits. Reading through everyone's experiences has been incredibly educational! One thing I'm curious about that hasn't been fully addressed: for those of you who have S corps with rental properties, how do you handle the timing of reporting to SSA? Do you report your expected salary at the beginning of the year, or wait until you know your actual earnings? I'm particularly concerned about accidentally under-reporting and then having issues later if circumstances change. Also, @Andre Dubois - have you been able to connect with SSA yet using the Claimyr service that @Liam O'Donnell mentioned? I'm very interested to hear how that goes since I've had similar frustrations trying to reach someone by phone. Thanks to everyone who has shared their experiences here. This thread has been more helpful than hours of trying to research this topic on my own!

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