S Corp Comp 2025

S Corp Salary vs. Distributions 2025

The S Corp Paradox: How to optimize tax savings by splitting income between W-2 Wages and K-1 Distributions without triggering an IRS audit.

Executive Summary

The core appeal of the S Corporation is the ability to bypass Self-Employment Tax (15.3%) on a portion of your income. By designating some profit as "Distributions" rather than "Salary," owners can save thousands annually.

However, this creates a massive compliance trap. The IRS mandates that you pay yourself "Reasonable Compensation" for services rendered. Failing to do so triggers recharacterization, back taxes, and the severe Trust Fund Recovery Penalty.

The Savings

15.3% FICA Avoidance: Distributions are exempt from Social Security and Medicare taxes.

The Requirement

Reasonable Comp: You must pay W-2 wages comparable to what you'd pay a stranger to do your job.

The Penalty

Recharacterization: If salary is too low, the IRS treats distributions as wages + 100% penalties.

The "Two Hats" Theory

Labor vs. Capital

As an S Corp owner, you wear two hats: Employee (Labor) and Investor (Capital).

Hat 1: The Employee

  • Provides Services (Management, Sales, Ops).
  • Paid via W-2 Salary.
  • Subject to FICA Taxes (15.3%).

Hat 2: The Investor

  • Provides Capital/Risk.
  • Paid via Distributions (Profit).
  • EXEMPT from FICA Taxes.

Audit Risks & Penalties

Why does the IRS care? They are protecting the Social Security Trust Fund. If you pay $0 salary, you contribute $0 to Social Security.

Red Flags

  • Zero Salary: Taking only distributions is a guaranteed audit trigger (Veterinary Surgical Consultants v. Comm.).
  • Low Salary / High Dist: Paying yourself $20k while taking $200k in profit (David E. Watson, P.C. v. US).
  • "Rules of Thumb": Relying on a blind "60/40" or "50/50" split without documentation.

The "Penalty Stack"

If the IRS reclassifies your distributions as wages:

Back Taxes
15.3%
Failure to Deposit
15%
Accuracy Penalty
20%
Failure to File
25%

How to Determine "Reasonable"

Cost Approach ("Many Hats")

Break down your job into tasks (Admin, Sales, CEO) and assign hours and market rates to each. Sum them up to get a "Replacement Cost."

Market Approach

Compare your salary to peers in your industry and geography (e.g., Salary.com data for "Marketing CEO in Chicago").

Income Approach (Independent Investor)

Calculate Return on Equity (ROE). If the business generates a high return (e.g., >20%) after paying your salary, the salary is likely reasonable, even if low.

Interactive: Tax Savings & Penalty Analyzer

Compare the tax impact of a Compliant Salary vs. an "Aggressive" Salary. See the savings... and the potential cost of getting caught.

Business Financials

Comparative Analysis

Baseline (Sole Prop)
All Profit is SE Taxed
$0
Compliant S Corp
FICA on Reasonable Salary
$0
Non-Compliant S Corp
FICA on Low Salary
$0
IRS Audit Consequence (If Caught)
Back Taxes (Rechar): $0
Est. Penalties (60%): $0
Total Liability: $0