When Is Compensation Considered Earned Income?
The way you pay yourself can influence your ability to actively participate in your retirement plan.
By David Meier
| December 07, 2005
URL:
http://www.entrepreneur.com/money/taxcenter/taxstrategiescolumnistdavidmeier/article73368.html
When your business initiates a company-sponsored retirement
plan, the way in which you choose to be compensated will affect
your ability to actively participate by making annual contributions
to the plan. In fact, you must have current year earned income in
order to make current year tax-favored contributions to a
company-sponsored retirement plan, such as a Simple IRA, a SEP
(Simplified Employee Pension), a 401(k) or a KEOGH.
As a business owner, if you compensate yourself using earned
income, you qualify for active participation in a company-sponsored
retirement plan. However, this also creates a tax liability for
self-employment tax at 15.3 percent of earned income.
Alternatively, if you pay yourself a return on investment (ROI),
this ROI isn't considered earned income, and although this
doesn't qualify you for active participation in a
company-sponsored retirement plan, it does have the benefit of not
creating any self-employment tax liability for you.
The following is a summary of owner compensation--by type of
business organization--indicating whether this compensation
represents earned income or ROI:
- Sole proprietorship: The bottom-line profit is all
considered earned income, even if it's not distributed to the
owner.
- One-member LLC (taxed as a sole proprietorship): The
bottom-line profit is all considered earned income, even if
it's not distributed to the owner.
- Multimember LLC (taxed as a partnership): In a
multimember LLC, there are two types of members: a managing member,
who manages the activities of the LLC, and members, who are
typically only investors. The managing member is considered the
active owner; therefore, his pro-rata share of bottom-line profit
is considered earned income, even if it's not distributed to
him. Members are considered inactive owners; therefore, their
pro-rata share of bottom-line profit isn't considered earned
income, but rather a return on investment. All members pay tax on
their pro-rata shares of bottom-line profit at their respective
member's individual marginal income tax rate. Additionally,
members can be paid guaranteed payments for actual work
performed--and these payments are considered earned income to the
recipient.
- LLC (taxed as a C corporation) or a shareholder in a C
corporation: The profits of the business aren't considered
earned income, but rather are considered a return on investment and
are taxed at special corporate income tax rates. The owner can only
create earned income if the business pays him W-2 wages for actual
work performed. Dividends paid are considered a distribution of the
shareholder's ROI.
- LLC (taxed as an S corporation) or a shareholder in an S
corporation: The LLC member's, or S corporation
shareholder's, pro-rata share of profits of the business
isn't considered earned income, even if it's not
distributed to the owner; rather, it's considered a return on
investment and is taxed at the respective owner's individual
marginal income tax rate. Additionally, the owner can only create
earned income if the business pays him W-2 wages for actual work
performed.
- General partnership: All partners are considered active
owners; therefore, their pro-rata share of bottom-line profit is
considered earned income, even if it's not distributed to the
partners. Additionally, partners can be paid guaranteed payments
for actual work performed--and these payments are considered earned
income to the recipient.
- Limited partnership: In a limited partnership, there are
two types of partners: a general partner, who manages the
activities of the partnership, and limited partners, who are
typically only investors. The general partner is considered the
active owner; therefore, his pro-rata share of bottom-line profit
is considered earned income, even if it's not distributed to
him. Limited partners are considered inactive owners; therefore,
their pro-rata share of bottom-line profit isn't considered
earned income but instead is considered a return on investment,
even if it's not distributed to the limited partners. All
partners pay tax on their pro-rata shares of bottom-line profit at
their respective partner's individual marginal income tax rate.
Additionally, partners can be paid guaranteed payments for actual
work performed--and these payments are considered earned income to
the recipient.
As the owner of your business, it's up to you to decide
whether your compensation will be earned income or a return on
investment. After you make this choice, you'll then have to
consider the most favorable way to implement this decision--given
your existing form of business organization. And depending on the
circumstances, you may even want to consider changing your form of
business organization to help you accomplish your goals.
Note: The information in this column is provided by the
author, not Entrepreneur.com. All answers are general in nature,
not legal advice and not warranted or guaranteed. Readers are
cautioned not to rely on this information. Because laws change over
time and in different jurisdictions, it is imperative that you
consult an attorney in your area regarding legal matters and an
accountant regarding tax matters.
David Meier is the founder and COO of Business Development Coaching, a company that provides
small-business owners with ongoing business coaching.
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