Below is information about CAN YOU BE A CORPORATE OFFICER AND NOT AN EMPLOYEE from a variety of sources. Please take a look at the materials that our team has selected for you.
https://www.irs.gov/businesses/small-businesses-self-employed/paying-yourself#:~:text=Corporate%20officers.%20An%20officer%20of%20a%20corporation%20is,Publication%2015-A%2C%20Employer%27s%20Supplemental%20Tax%20Guide%20PDF.%20Partners
https://axislc.com/public/is-an-officer-of-a-corporation-an-employee/
The answer to this question is “Generally yes, but it depends,” but to help you understand why, and when an officer of the corporation would NOT be an employee, it is important to discuss the legal issues at play. Rules are Different for Corporations than LLCs
https://www.alburolaw.com/is-a-corporate-officer-an-employee
On the other hand, an “employee” usually occupies no office and generally is employed not by action of the directors or stockholders but by the managing officer of the corporation who also determines the compensation to …
https://www.robertschriebman.net/articles/an-officer-of-a-corporation-or-llc-is-a-statutory-employee/
Both California and federal law say you must be an employee. There are very rare exceptions wherein a corporate officer will have a very limited and specific job within the corporation and then service the corporation as an independent consultant in other areas.
http://news.blueridgeesop.com/blog/who-is-considered-a-corporate-officer
An employee’s status as an officer shall be determined upon all facts including “the source of his authority, the term for which elected or appointed, and the nature and extent of his duties.” Under this definition, an individual is not an officer simply because he or she holds a specific title or has completed a one-time transaction.
https://www.irs.gov/businesses/small-businesses-self-employed/s-corporation-employees-shareholders-and-corporate-officers
If an officer does not perform any services or only performs minor services and is not entitled to compensation, the officer would not be considered an employee. Distributions, Dividends and Other Compensation as Wages
https://www.upcounsel.com/corporate-officer
The IRS considers an officer an employee if he or she works for the company in any capacity. Owner-officers that do not participate in the administration of the business but accept profit distributions are not considered employees. Many states have regulations about who qualifies as …
https://incorporated.zone/corporate-officer/
A corporate officer is a high-level manager or executive in charge of managing the company’s day-to-day business. From a tax perspective, someone hired by the company to perform a set of tasks and duties is an employee. From a legal perspective, a company officer will have a greater legal liability exposure than a standard employee.
https://ndvlaw.com/on-corporate-officers-who-can-be-officers-of-a-corporation/
The corporate officers are those charged with the mandate to execute the decisions of the board of directors(BOD) of a corporation and who, oftentimes, determine the best manner by which the business is to be run. They are the ones tasked to carry out the policies laid down by the BOD, the Articles of Incorporation, and the by-laws.
https://www.upcounsel.com/corporate-officer-definition
Officers can be replaced or fired by the corporation directors, and additional officers can also be appointed. This can be confusing since a vice president could be either an employee-officer or simply an employee with a lofty title. In the view of the IRS, anyone who does work for the company, including officers, is considered an employee.
https://esd.wa.gov/employer-taxes/corporate-officers-FAQ
If you want to cover your corporate officers, you must submit a Voluntary Election Form (PDF, 80KB). Or get a paper form by contacting us at [email protected] or 360-902-9360. Information on the election form must match your corporate registration information on file in order to process your request for election.
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