ARE YOU OR YOUR LENDER EXCLUDING GUARANTEED PAYMENTS TO PARTNERS FOR SERVICES FROM PAYROLL COSTS?
Although K-1 distributive share of income or distributions from partnerships are not a payroll costs, I believe guaranteed payments to partners for compensation of services should be included as a payroll cost.
Opinion and Cite:
[Pending Regulations and Guidance From the SBA]
Per SBA and HR 748, distributions and allocations of profits reported on form K-1 from a partnership do not constitute compensation for computing payroll cost.
However in my opinion items reported on line 4a of the K-1 “Guaranteed Payments to Partners for Services” meet the definition of “Payroll Costs” under the Act. HR 748 Sec 1102. This is compensation for services.
(viii) the term `payroll costs'--
``(aa) the sum of payments of any compensation
with respect to employees that is a--
``(AA) salary, wage, commission, or similar
``(BB) payment of cash tip or equivalent;
``(CC) payment for vacation, parental,
family, medical, or sick leave;
``(DD) allowance for dismissal or
``(EE) payment required for the provisions
of group health care benefits, including
``(FF) payment of any retirement benefit;
``(GG) payment of State or local tax
assessed on the compensation of employees; and
``(bb) the sum of payments of any compensation
to or income of a sole proprietor or independent
contractor that is a wage, commission, income, net
earnings from self-employment, or similar
compensation and that is in an amount that is not
more than $100,000 in 1 year, as prorated for the
covered period; and
Box 4a. Guaranteed Payments for Services
Guaranteed payments are payments made by a partnership to a partner for services that are determined without regard to the partnership's income.
Note: Guaranteed Payments for Services are not 1099 income that would otherwise be excluded from payroll costs.
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