Closing Tax “Loopholes” on S-Corps
Just when it looked like the small businesses in this country might begin to bounce back, our elected representatives are working to close the “tax loopholes” used by small professional companies operated as S-Corporations:
H.R. 4213 American Jobs and Closing Tax Loopholes Act
At present, S-Corporation shareholders who are employees working in the business must take a “reasonable wage” via payroll. Any remaining profits may be passed through to the shareholders without being subject to self-employment tax (Social Security & Medicare). The new bill just passed by the House and on its way to the Senate will charge self-employment tax on the distributions that S-corporation shareholders take over and above payroll. It’s only for S-corporations providing “professional services” and only for those with three shareholders or less, but it’s a major hit to the small business recovery, nonetheless. According to the bill, “professional services” include “any trade or business if substantially all of the activities of such trade or business involve providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services.”
Let’s just keep our fingers crossed that our Senators see the folly of applying this tax only to small service businesses and not their bigger competitors.



