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Am I self-employed if I work for an S Corp?

By Alexander Torres

The big benefit of S-corp taxation is that S-corporation shareholders do not have to pay self-employment tax on their share of the business’s profits. The big catch is that before there can be any profits, each owner who also works as an employee must be paid a “reasonable” amount of compensation (e.g., salary).

Is self-employed the same as S Corp?

Technically, you are self-employed if your income comes from business you engage in as an individual or sole proprietor vs LLC, or as a general partner in a business. If you own and operate a corporation, however, you are not technically self-employed, but an owner-employee of the corporation.

Can S Corp have foreign employees?

Contrary to popular thought, you can use an S corporation for foreign employees.

What can independent contractors do with an S-Corp?

If the independent contractor is comfortable with an S-Corp and working along as the owner of the corporation, he or she can take advantage of an online presence to increase contract work. This may help the individual with work outside the standard contract and still have the opportunities given to different contractors.

Can a US company withhold taxes from a foreign contractor?

As a result, a US company is not obligated to withhold or report taxes if the contractor does all his work outside of the US. If a foreign contractor performs any part of his service in the US, certain conditions should be met to avoid tax obligations. 4. Which of the following cases applies to your ‘hiring independent contractor’ situation?

Do you have to be an independent contractor to form a LLC?

The LLC with Independent Contractors The choice of creating an LLC or an S-Corp generally depends on both the state and what the independent contractor wants to accomplish. The LLC grants limited liability with personal assets in lawsuits, but it may not give any other advantages if the state assesses a greater tax percentage.

Can a US company hire a foreign independent contractor?

Hiring the right people can make or break your business. Many companies are seeking talents outside the US, but they are often not aware of legal consequences of cross-border work relationship. I cover legal issues companies should consider when they hire an independent contractor from a foreign country.