There's been a lot of discussion that following the IRS procedure to show the S Corp health on the W2 doesn't really change the tax effect. Leaving that aside, it occurred to me there were also two other issues here.
One, maybe the IRS handed us gift on the reasonable comp issue. Following the IRS procedure drops quite a bit more compensation on the officer comp line with no payroll tax cost. (with the possible exception of some state unemployment). How about a situation where no w2 comp paid but there is some health insurance? A W2 could be added, no payroll tax due and no penalties, now there is at least something legitimate on the officer comp line. Would be hard for the IRS to argue against when you're just following the IRS directions. Not to say that would be high enough to reasonable just by itself. But in a situation with low salaries, this would certainly bump it up....
Two, a more technical issue, if some shareholders are getting health and others not, maybe a potential second class of stock issue? Move it to the W2 and that potential issue goes away.
Maybe there is more reason to do this than just the health insurance....
One, maybe the IRS handed us gift on the reasonable comp issue. Following the IRS procedure drops quite a bit more compensation on the officer comp line with no payroll tax cost. (with the possible exception of some state unemployment). How about a situation where no w2 comp paid but there is some health insurance? A W2 could be added, no payroll tax due and no penalties, now there is at least something legitimate on the officer comp line. Would be hard for the IRS to argue against when you're just following the IRS directions. Not to say that would be high enough to reasonable just by itself. But in a situation with low salaries, this would certainly bump it up....
Two, a more technical issue, if some shareholders are getting health and others not, maybe a potential second class of stock issue? Move it to the W2 and that potential issue goes away.
Maybe there is more reason to do this than just the health insurance....
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