N
The Global Insight

Is an owner of an S Corp considered an employee?

Author

Mia Phillips

Updated on March 15, 2026

An S corporation shareholder who performs more than minor services for the corporation will be its employee for tax purposes, as well as a shareholder. In effect, an active shareholder in a S corporation wears at least two hats: as a shareholder (owner) of the corporation, and as an employee of that corporation.

What are the disadvantages of an S corp?

An S corporation may have some potential disadvantages, including:

  • Formation and ongoing expenses.
  • Tax qualification obligations.
  • Calendar year.
  • Stock ownership restrictions.
  • Closer IRS scrutiny.
  • Less flexibility in allocating income and loss.
  • Taxable fringe benefits.

    What makes a s Corporation an S corporation?

    An S corporation is a regular corporation whose owners, also called shareholders, have elected to apply for S corporation tax status under Subchapter S of the Internal Revenue Service (IRS) tax code. Just like a C corporation, an S corporation is a separate legal entity from its owners.

    How does debt basis work in a S corporation?

    Debt basis comes from money you personally lend to the S corporation; loans by the S corporation guaranteed by an owner does not increase debt basis. Partnerships gain debt basis when the business takes out a loan and the owner is liable for the debt.

    Can A S corporation be held personally liable?

    If the corporation has incurred debts of $15,000, the creditors cannot go after that individual’s assets to recover the remaining $5,000. There are times when an owner can lose her limited liability protection and be held personally liable for her actions, even while operating as an S corporation.

    Can a C corporation be sued by a S corporation?

    Just like a C corporation, an S corporation is a separate legal entity from its owners. As such, the owners enjoy the limited liability protection of a corporation. Under certain circumstances, however, individual shareholders can be sued personally even if they operate as an S corporation. S Corporations and Limited Liability Protection