Is an owner of an S Corp considered an employee?
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