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Business Law Blog

S Corp Salary Mistakes: How Owners Trigger IRS Problems Without Realizing It

Posted by Amanda Butler Schley | Feb 24, 2026 | 0 Comments

S corporations can be one of the most powerful tax tools available to business owners. But they come with a rule that many owners misunderstand: you must pay yourself a reasonable salary.

If you don't, you may be saving money in the short term—while creating an IRS audit problem that can cost far more later.

Here are the most common S Corp salary mistakes, why they matter, and what to do instead.


The Big Rule: S Corp Owners Who Work Must Be Employees

If you own an S corporation and perform services for the business, the IRS expects you to be paid as an employee.

That means:

  • payroll,

  • withholding,

  • W-2 wages,

  • and payroll taxes.

After that, you can take distributions.

The key issue is how you split compensation between salary and distributions.


Mistake #1: Paying Yourself Nothing

This is the classic mistake.

Owners think:

“I'm the owner. I can just take draws.”

But in an S Corp, distributions are not a substitute for wages.

If you are working in the business and taking distributions, the IRS can reclassify those distributions as wages.

That triggers:

  • back payroll taxes,

  • penalties,

  • interest,

  • and potentially state-level consequences.


Mistake #2: Paying Yourself a Token Salary

Some owners pay themselves $10,000 per year while taking $150,000 in distributions.

This is often worse than paying nothing, because it shows the owner knew salary mattered but chose an unreasonable number.


Mistake #3: Assuming “Reasonable Salary” Means “Minimum Salary”

The IRS does not define one magic number for reasonable compensation.

Instead, it looks at facts such as:

  • your role and duties,

  • industry norms,

  • business profitability,

  • time spent,

  • training and experience.

A reasonable salary is not a tax strategy—it's a compliance requirement.


Mistake #4: Forgetting That Salary Must Increase as the Business Grows

A salary that was reasonable in Year 1 may not be reasonable in Year 4.

As the business grows, owners should review compensation regularly.


Mistake #5: Not Coordinating with Bookkeeping and Tax Planning

S Corp payroll affects:

  • cash flow,

  • quarterly estimates,

  • retirement plan contributions,

  • deductions,

  • and personal income planning.

A good S Corp plan coordinates legal structure, payroll, and tax strategy.


Final Thoughts

The S Corp election is powerful, but it's not “set it and forget it.”

If your payroll is wrong, the IRS can undo years of savings in one audit.

If you have an S Corp and you're unsure whether your salary is reasonable, this is one of the best areas to review proactively—before it becomes a problem.

About the Author

Amanda Butler Schley

Amanda Butler Schley is a New Orleans business attorney and founder of Business Law Group, advising entrepreneurs, LLC owners, and growing companies on business law, contracts, entity structuring, and partner relationships. She helps clients proactively manage risk, resolve disputes, and build legally sound, scalable businesses using a strategic approach she calls “legal leverage.” Amanda works with founders across industries—including hospitality, retail, and professional services—to structure deals, navigate complex business decisions, and protect long-term growth.

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Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

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