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  • 1.  NYS - Unemployment - what is the rule for Owners

    Platinum Most Valuable Member
    Posted 07-31-2018 03:53 PM
    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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  • 2.  RE: NYS - Unemployment - what is the rule for Owners

    Silver Most Valuable Member
    Posted 08-01-2018 10:04 AM

    You may be able to use a common paymaster approach but in general each entity is viewed as a separate taxpayer.  I am not aware of any cases that support taking as salary from one entity without qualifying as a common paymaster.  Perhaps some other members have had some experience with this.  This shows that the taxing authorities are looking at these payroll tax issues more closely as we discussed at the last meeting.

     

    Very truly yours,

     

    ROBERT S. BARNETT

     

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  • 3.  RE: NYS - Unemployment - what is the rule for Owners

    Bronze Most Valuable Member
    Posted 08-02-2018 09:01 AM
    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.com
    516-282-3355
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