June 23, 2005

...and Hogs get Slaughtered

Most S Corporation owners (with their tax advisors assistance) follow the simple rule of paying their owner a salary when there are operating profits inside their S Corporations.  Especially when they know the IRS has audit tools to ferret out such non-compliance.  We assist the owner in ascertaining the proper level of salary based upon various factors because we know the IRS is looking over our shoulder.  This is a short, but not too difficult a process.  But apparently, U.S. Treasury inspectors have uncovered massive non-compliance with many owners not taking a salary, and apparently no salary study being done by the owner or their tax advisors.  In fact, the inspectors study found over 75,000 firms taking NO salary when their profits exceeded $50,000.  They projected that this costs the government over $15 billion per year in additional employment taxes.

What's the IRS to do?  The IRS already has a special audit unit doing something about it for a number of years now.  They're just not able to staff enough IRS auditors to audit all these firms and fix the problem one S Corporation at a time.  So the Treasury officials are recommending to Congress that they fix the problem by subjecting all ordinary operating income of S Corporations that pass through to its more than 50% owners and relatives to employment tax.  This means significantly more Social Security, Medicare, Federal and state unemployment taxes for S Corporation owners.  With Social Security having funding issues, any plan to raise the system's revenues has a reasonable chance of passing through Congress.

If only all of those little pigs would have stayed little pigs, but no they grew up and became Hogs to be slaughtered.

Posted by David Imhoff on June 23, 2005 at 09:09 AM | Permalink | Comments (0) | TrackBack