Failure to pay & File 941 taxes for S corp owner.

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  • Boma Osime
    Junior Member
    • Mar 2021
    • 28

    #1

    Failure to pay & File 941 taxes for S corp owner.

    A client an S - Corp owner paid himself but did not pay payroll taxes or file form 941. I am currently trying to file his S-corp company return. how do we handle the payroll taxes for the S-corp must we file the 941 and pay the taxes or do we ignore it and include the compensation as a deduction. What now happens on the form 1040 since there is no W2 do we include it as wages from the company with no tax payments or file a W-2. I had informed him last year about putting himself on a payroll being an S-corp. To the contrary can I include the payment he made to himself (owner/shareholder) as a 1099 self employment wages on the S-corp that would reflect on his 1040 schedule C as self employment income. I am just trying to figure out the best option. Would appreciate some guidance on this. Thank you
    Last edited by Boma Osime; 09-02-2024, 02:15 PM.
  • New York Enrolled Agent
    Senior Member
    • Nov 2006
    • 1530

    #2
    Originally posted by Boma Osime
    . I had informed him last year about putting himself on a payroll being an S-corp.
    Let me ask - why didn't you follow up on this? Did you think he was going to file quarterly 941 forms on his own?

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    • TaxGuyBill
      Senior Member
      • Oct 2013
      • 2320

      #3
      Originally posted by Boma Osime
      or do we ignore it and include the compensation as a deduction.

      If he received compensation, late payroll forms (941s, 940, W-2, state filings, etc.) need to be filed. There will be late penalties and interest.

      Comment

      • Lion
        Senior Member
        • Jun 2005
        • 4698

        #4
        What Bill said. Or, if he simply cut himself a check, it looks a lot like a distribution.

        Tell him to STOP that immediately and engage you or a payroll company NOW to finish out 2024.

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