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Definition of Compensation


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Posted

I wanted to verify my understanding of K-1 dividends and their relation to the definition of compensation.

As I understand it, for an S-Corp, K-1 earnings are not included in the definition of compensation. The IRS addressed this issue in PLR 8716060. Furthermore, an S corp is not an organization that can have self-employed individuals as defined in IRC 401©(1).

Is there any way that an S-corp can include K-1 income in the defn of compensation?

Posted

See DURANDO v. U.S., Cite as 76 AFTR 2d 95-7464 (70 F3d 548), 11/16/1995.

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