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04/19/2013 at 09:23AM PDT
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01/18/11 8:00pm PST
Viewed by asker 03/18/11 1:09pm PDT

S corp shareholder take w2 and 1099

ProSeries

can president of s cop take w2 as well as 1099

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01/18/11 8:03pm PST

No. W2 for working for the company. No 1099 for distributions of profits(AAA). If you are an employee you cannot also be a contractor, except in rare cases, especially for owners.

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03/18/11 12:36pm PDT

How exactly would you go about paying an employee for working after 40/hr week to clean?

Are there a number of different options?

What is the easiest way to steer clear of the IRS & confusion?

Thanks!

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01/18/11 8:13pm PST

What are "except in rare cases, especially for owners. " one of the shareholder took w2 now he does not want to take rest on k1 but would like to take 1099. So it's mix of W2 as well as 1099

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01/18/11 8:23pm PST
The solution

In an S corp, there is no choice for "taking" on the k-1. His share of the income is reported on the k-1 and he reports the income on Sch. E, page 2 of the 1040. If the corp wants to distribute the cash needed to pay the income tax on the shares of income reported by all the s/h's, they can do it, but they don't have to distribute anything.

I included the "rare cases" comment for some employees who might also be able to be treated as contractors, but that is for employees like secretaries who might also clean the offices after-hours as an independent business. I figured that if I said "never" I would get comments back from some other posters. S/H-employees cannot be contractors for their own S corps.

Please explain what one of the s/h's means by " he does not want to take rest on k1 but would like to take 1099." It does not make any sense to me. If he could take a 1099 income(but he can't), he would pay SE tax on it. As an S corp. s/h, he does not pay SE tax on his share of income nor on any distributions of AAA.

BTW, any distributions of AAA must be pro-rata. If one s/h wants more income, he must take wages, not more distributions, unless all s/h's take more distributions.

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01/18/11 8:26pm PST

Thanks! Resolved....

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You're welcome.

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03/18/11 3:17pm PDT
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For achapman, who just came in:

SHAREHOLDERS CANNOT TAKE A 1099. Even if the owner/shareholder of a professional S corporation came in after hours to sweep the floors and mop the bathrooms HE CANNOT TAKE A 1099.

Then read the rest of the information on this posting. Post back if you have any more questions.

I'm calmer now. Whew!
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