An S Corporation is a legal entity (corporation) that elected, by unanimous shareholder consent, not to pay any corporate tax on its income (except certain passive investment income and, under certain conditions, built-in capital gains).
Items of income, loss, deduction, and credit are passed through the S Corporation to the shareholder on a pro rata basis. The items are then reported on the shareholder’s tax return in the shareholder’s tax year that includes the end of the corporation’s tax year. Therefore, a corporation registered as an S Corporation with the Internal Revenue Service is treated similar to a sole proprietor or a partnership for the purpose of identifying taxable wages by DEW.
Salaries to Officers
An active officer is one performing services for the S Corporation. Active officers may also be the corporation’s principal shareholders. They are to be counted as employees of the corporation in meeting liability requirements in the same manner as regular corporations.
An S Corporation may or may not pay salaries to participating (active) officers.
Pursuant to Sections 41-27-230 and 41-27-380 of DEW law, such services constitute employment and any salaries or profit distributions should be considered "remuneration paid for personal services," thus falling within the definition of wages.