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>Generally, if your S-Corps income exceeds the FICA threshold (currently $142,800), you must first pay yourself $142,800 as FICA-taxable salary before you can p
by aantix 5y ago
>Generally, if your S-Corps income exceeds the FICA threshold (currently $142,800), you must first pay yourself $142,800 as FICA-taxable salary before you can pay yourself a dividend
This isn't supported by Sean McAlary LTD, Inc. v. Commissioner, T.C. Summary Opinion 2013-62.
"The IRS, as it’s wont to do, argued that McAlary was not reasonably compensated, and once again, the Service took a scientific approach. Utilizing the same engineer employed by the IRS in JD & Associates and Watson, the IRS determined that $100,000 of the $240,000 distribution represented McAlary’s “reasonable” compensation."
https://www.forbes.com/sites/anthonynitti/2013/08/12/s-corporation-shareholder-employee-loses-reasonable-compensation-case-sun-rises-in-east/?sh=39fe68623349 https://www.forbes.com/sites/anthonynitti/2013/08/12/s-corpo...
- gamblor956 5y agoYour citation supports my point. The $142k is the inflation adjusted FICA salary threshold, which was lower when this case was heard back in 2013.