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With the end of the year and the holiday season approaching, many small-business owners may find themselves weighing whether or not to pay their employees a bonus. If your business can afford it, there are a number of benefits to paying deserving employees a little something to show your appreciation for their efforts.
In addition to the subject of employee bonuses, entrepreneurs should also be asking themselves the question, Should I pay myself a bonus? If your firm has enough cash on hand, and enough savings in reserve, to fund a bonus for yourself then you should certainly consider taking one.
If you decide that you can afford to take a bonus, you need to be aware of the tax consequences before determining how much to pay yourself and when to take that distribution (e.g. this year versus next year, all at once versus in several smaller chunks).
Tax issues on bonuses for small-business owners can get pretty complicated, and you should speak with a tax professional about the consequences before paying any bonuses, but there are some basics to be aware of.
If you are the owner of an S corp or a C corp, all bonuses are treated as wages, meaning that you’ll be expected to pay federal, state and medicare taxes, as well as the Social Security tax if you haven’t already received the year’s maximum Social Security wages (currently $106,800 and rising to $110,100 for 2012).
If you are a C corp owner and you’ve already reached the Social Security limit, then a bonus could make sense. If you haven’t reached the limit, or you own an S corp, then a profit distribution instead of a bonus could be more advantageous. If you have a partnership or a limited liability corp, the calculations can be more involved. Talk to your tax advisor to find out which works better for your situation.
You will, of course, also want to analyze the tax consequences of paying yourself a bonus versus retaining profits within the company and having them subject to corporate taxation. When it makes more financial sense to take a bonus, some business owners may be tempted to pay themselves especially large sums in order to lower their corporate tax burden. Beware of this strategy. If the IRS determines that you are paying yourself excessive compensation in order to lower your corporate tax liability, they can disallow the deduction of the bonus as an expense, in addition to charging you penalty fees and interest.
If you are running low on cash at the end of the year, as some businesses do, you might also be tempted to increase the use of a corporate credit card and/or delay paying some bills until next year in order to be able to pay yourself a bonus. In addition to being a potentially unsound business decision, this can also get you into trouble with the IRS who may view this as a sham transaction since the funds to pay yourself were not readily available in liquid form. It is probably best stick to cash on hand when determining the size of your bonus pool.
Whatever legal form you have chosen for your company, make sure to discuss your bonus plans with your tax advisor, and possibly your attorney as well, to ensure that you are maximizing the use of your profits while staying in compliance with all tax laws.
THE AUTHOR OF THIS BLOG ARTICLE IS NOT A LAWYER AND HARVARD BUSINESS SERVICES, INC. IS NOT A LAW FIRM. THE ARTICLE ABOVE IS NOT INTENDED AS LEGAL ADVICE AND SHOULD NOT BE TAKEN AS LEGAL ADVICE. THIS SHORT ARTICLE IS STRICTLY TO MENTION SOME ASPECTS OF DELAWARE’S CORPORATION LAWS AND/OR LAWS RELATING TO OTHER FORMS OF ENTITIES WHICH YOU MAY NOT BE FAMILIAR WITH. WE RECOMMEND THAT YOU CONSULT WITH A LAWYER BEFORE FORMULATING A STRATEGY WHICH WILL BE SUITABLE FOR YOUR SPECIFIC CASE.