Discussion:Entries for Unpaid Salary

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Discussion Forum Index --> Accounting Questions --> Entries for Unpaid Salary

Riverplace (talk|edits) said:

January 22, 2008
Our company is an LLC, a real estate investment company.

This company isn’t generating any income yet and is operating at a loss.

We are accruing payroll for one of the partners, for which he hasn’t been paid for. It could be a while before this company makes enough money to actually pay him. What is the journal entry for this transaction? The first part seems easy enough, a credit to a liability account (note payable) called Greg's Unpaid Salary. I don't want the other side to hit an expense account because it will mess up my taxes. I don't want to show an expense until we actually pay it.

Any Ideas?

BEGooding (talk|edits) said:

January 22, 2008
If this LLC is treated as a partnership, you shouldn't be making payroll payments to any of the partners. On the other hand, guaranteed payments made by an accrual basis partnership to a partner, are generally deductible when accrued.

If the LLC is treated as a corporation and is using the accrual method of accounting, you cannot deduct payroll owed to a > 50% cash method member until the company actually makes the payments and the corresponding amount is includible in the related person's gross income. If the member is less than 50% owner, then you may deduct the payments when accrued.

Riverplace (talk|edits) said:

January 23, 2008
This LLC does taxes as a partnership. I have another business where all three partners are on the payroll, so I'm confused. Why shouldn't I be making payroll payments to a partner?

BEGooding (talk|edits) said:

January 23, 2008
When you say "they are on the payroll" do you mean you file quarterly 941's and annual W-2/W-3 & 940?

Kevinh5 (talk|edits) said:

23 January 2008
(if the partnership is deducting the GP, then the partner must recognize it as income, even though not received)

Riverplace (talk|edits) said:

January 23, 2008
I do file quarterly 941's and annual W-2/W-3 and 940.

I have one idea, but I"m not sure if it is okay to do. It seems to me that the company’s equity is diminished by the fact that they owe this money. Perhaps there could be an equity account in addition to each partner's equity account called Unpaid Management Fees. The entry would look something like this: credit Greg's Unpaid Salary (note payable) debit Unpaid Management Fees (equity account)

This way I could show that there is an amount due, but I won't expense it until it's actually paid, and the partner won't show it as income until it's actually paid.

Riverplace (talk|edits) said:

January 26, 2008
So does anyone have any thoughts on whether or not I should use an equity account as the other side of my journal entry for unpaid salary?

Credit Greg's Unpaid Salary (note payable) Debit Unpaid Management Fees (equity account)

Taocpa (talk|edits) said:

26 January 2008
LLC members are not employees and don't draw salaries. They shouldn't be on the payroll. Your method of handling their payroll is incorrect.

And if they are receiving guaranteed payments, there are SE tax implications as well.

Tom

Riverplace (talk|edits) said:

January 28, 2008
So just to be clear. I have an LLC doing taxes as a Partnership. How do I pay the members/partners? Should they be on 1099?

Kritter (talk|edits) said:

29 January 2008
Partners either take distributions or guaranteed payments, if applicable. You do not need a 1099. Everything flows through the K-1.

You might want to read Pub. 541 http://www.irs.gov/pub/irs-pdf/p541.pdf

Riverplace (talk|edits) said:

January 30, 2008
It looks like I need to make some serious changes.

This brings me back to my original question, except now perhaps it's a guaranteed payment.

One partner is accruing an amount due to him. It could be a while (years) before the LLC can pay him. What should my journal entry be? Can I use an equity account in the following way?

credit Greg's Unpaid Management fee (note payable) debit Unpaid Management Fees (equity account)

Thank you for your help in this matter.

Taocpa (talk|edits) said:

30 January 2008
Riverplace,

You would basically be debiting a liability and crediting owner's equity effectively creating a wash transaction.

Here's a definition for you:

"General partners who work in the business are paid a management fee called a "guaranteed payment". This fee is a legitimate business expense and therefore acts to lower the net profit of the business. This fee is similar to a salary paid to a working stockholder in a corporation, except, according to U.S. tax law, a fee paid to a working partner cannot be run through payroll. It is treated as a draw, subject to self-employment taxes. Both the general partner’s guaranteed payment and share of the profits are taxable and subject to self-employment taxes."

So, since it's unpaid, it's an accrual. Therefore, your entry would be:

Guaranteed Payment Expense Debit

         Guaranteed Payment Payable Credit

As Kevinh5 points out, you've created a problem for him, if it's deducting the guaranteed payment. It's income to him and he pays SE tax on it.

If your your books are on the cash basis of accounting, well that's a different problem.

Tom

Kevinh5 (talk|edits) said:

30 January 2008
It is hard enough for professionals to know how to do things correctly, why do people insist on being do-it-yourselfers?

Taocpa (talk|edits) said:

30 January 2008
I don't know Kevin. I only answered the question because, I was tired of it being asked frankly.

I had this same situation with a client. Her partner hired another accountant (a CPA) who insisted that each LLC member be on the payroll. I told her it was wrong. She told her partner that the LLC shouldn't be paying wages to the members. Her partner said too bad that's the way it was. I was asked to call the other CPA to "discuss" the matter. I did. I explained to him what the problem was and why it was wrong. This professional told me I was an idiot and hung up on me.

No offense Riverplace, but you should really get a professional to help you. You've got a huge mess on your hands and it needs to be fixed.

Tom

RoyDaleOne (talk|edits) said:

31 January 2008
I used to think that a partner could not be an employee of the partnership in which the partner was a partner, however, where is it prohibited? Are not the rules from the IRS about how to treat a partner as a partner? If the partner performs in the capacity as an employee why can the partner not also be an employee?

Taocpa (talk|edits) said:

31 January 2008
Partners are not employees. I remember that from business law way back when. If I remember right, it has it's roots in common law. It's pretty much settled law and it's not going to change unless Congress, the IRS or the courts change it.

http://www.irs.gov/businesses/small/article/0,,id=98214,00.html

Tom

PS: Fill out your profile, please.

Riverplace (talk|edits) said:

February 4, 2008
Thank you for taking the time to help a "do-it-yourselfer". I really appreciate the help. Please know that I always run a search before posting my own question. Your posts have convinced me that my accountant has not been watching out for me. It has been helpful to know "what do other CPAs say?".

Thank you Tom, for also giving me the correct journal entries for my situation. Bookkeepers sometimes need a CPA looking over their shoulder when entering day to day transactions.

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