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P_A_M
February 21, 2020
Question

OFFICERS IN A S-CORP., BY STATUTE, MUST BE TREATED AS WAGES FOR SERVICES RENDERD.

  • February 21, 2020
  • 1 reply
  • 0 views

So based on this statute, it also states that it applies, regardless if your a shareholder or not.

So my question is; This statue would clearly make a officer of the s-corp. a W-2 statutory employee?

or perhaps  more so if should they own all company stock?   IE: if you know of any IRS document that

would dispute this, then please advise me accordingly. Thank You !

    1 reply

    A
    Anonymous_
    February 21, 2020

    See https://www.irs.gov/businesses/small-businesses-self-employed/paying-yourself

     

    It would be an uphill argument that an officer of a corporation is an independent contractor.

     

    Corporate officers serve at the pleasure of the board of directors (who can fire them for cause, at the very least) and owe fiduciary duties to the corporation and its shareholders.

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