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Old 11-21-2008, 09:13 AM
 
Location: NJ/SC
4,343 posts, read 14,775,681 times
Reputation: 2729

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I have an LLC with and S-Corp tax elective. I'm still learning how this all works and my question is about dividends. I paid myself and my partner (members) dividends this year, meanwhile thinking I was paying us a salary and would do a 1099 at the end of the year. Now I found out I can't do it that way and have to pay at least one of us a salary with a W2. Needless to say a big pain in the neck. My questions is; can I pay large dividends and a small salary? Would that be the best thing to do with the best tax advantage? Is that sending up red flags to the IRS? I want to pay my share but I also want to do what I can that has the best tax advantages.

Any other suggestions or info. would be great, especially if coming from a CPA. I have a bookkeeper but not a CPA yet. My bookkeeper isn't sure and doesn't want to lead me down the wrong path. Thanks.
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Old 11-22-2008, 08:39 AM
 
Location: Forests of Maine
37,461 posts, read 61,379,739 times
Reputation: 30409
Quote:
Originally Posted by Rapture View Post
I have an LLC with and S-Corp tax elective. I'm still learning how this all works and my question is about dividends. I paid myself and my partner (members) dividends this year, meanwhile thinking I was paying us a salary and would do a 1099 at the end of the year. Now I found out I can't do it that way and have to pay at least one of us a salary with a W2. Needless to say a big pain in the neck. My questions is; can I pay large dividends and a small salary? Would that be the best thing to do with the best tax advantage? Is that sending up red flags to the IRS? I want to pay my share but I also want to do what I can that has the best tax advantages.

Any other suggestions or info. would be great, especially if coming from a CPA. I have a bookkeeper but not a CPA yet. My bookkeeper isn't sure and doesn't want to lead me down the wrong path. Thanks.
The laws have changed.

There used to be things that you could do with a salary, that you could not do with a dividend income.

The difference being basically the distinction between an 'at risk' active activity, and a 'not at risk' passive activity.

Hopefully someone else will respond with the current laws on this.
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Old 11-29-2008, 06:49 PM
 
Location: NJ/SC
4,343 posts, read 14,775,681 times
Reputation: 2729
ok, I'm thinking about a quarterly salary and a monthly dividend check for 2009. Is this ok to do? Does the salary have to exceed the dividends?
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Old 11-29-2008, 08:08 PM
 
Location: Forests of Maine
37,461 posts, read 61,379,739 times
Reputation: 30409
Quote:
Originally Posted by Rapture View Post
ok, I'm thinking about a quarterly salary and a monthly dividend check for 2009. Is this ok to do? Does the salary have to exceed the dividends?
You can pay a salary at any period you wish, weekly, monthly or annually.

There is no rule that I am aware of comparing dividend size to salary.
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