The most significant question, to my mind, is what activities the surgeon/owner engages in on behalf of these entities. If he is a passive investor, then salary would not be necessary. If he works in covered employment, then he should be taking a modicum of salary which would engender employment taxes. We also know that the state has finally integrated various databases such that an absence of W2 incomei in an entity is beginning to trigger audit inquiries. Same at the WCB level, too. We can no longer consider audits to be unitary.
Best,
Ruth
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Ruth B. Kraft, Esq.
Partner, Employment Law
Vigorito, Barker, Patterson, Nichols & Porter, LLP
300 Garden City Plaza
Garden City, New York 11530
Ruth.Kraft@vbpplaw.com516-282-3355
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Original Message:
Sent: 07-31-2018 15:53
From: Abby Alhante
Subject: NYS - Unemployment - what is the rule for Owners
Taxpayer owns multiple "S" Corps.
He is an orthopedic Surgeon. He takes a large salary out of one business, but has many medical related business.
Must he take a salary and pay unemployment out of each ?
NYS auditor is alluding to that fact. is he right ?
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Abby Alhante
KURCIAS & ALHANTE, CPAs LLC
Melville NY
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