Skip to content
DISSAU

Why You Can't Pay Yourself at Will From Your Corporation's Account

DDISSAUDISSAU Team9 min read
How the owner gets paidPart 1 of 4See the full series

There is a scene that repeats itself in thousands of corporation-type businesses. The owner needs money. They open the banking app, see the balance in the corporation's account, transfer to their personal account or make the purchase straight from that same account, and go on with their day. They've done it for years. The business works, the customers pay, nobody has complained. Until someone asks about those transfers. And then comes the most logical answer in the world:

That sentence is reasonable. It is also the origin of almost every problem a corporation owner runs into later. It's worth understanding why.

Your corporation is another person

When you formed a corporation, you didn't create a trade name or a separate bank account for the sake of order. You created a legal person distinct from you.

That person has its own name, its own IRS identification number, its own accounting and its own assets. It can sign contracts, sue and be sued. It exists even when you're not there.

From that comes the distinction that supports everything else:

You own the corporation. The corporation owns the money.

Being a shareholder means you own the shares. It doesn't mean the balance in that account is yours. It belongs to the company, and to reach your hands it has to leave by some route. That "some route" is the whole subject.

"But I'm the only owner"

This is where almost everyone gets off the train of reasoning. If there are no partners, if nobody else put in money, if nobody else signs anything, who are you answering to?

The uncomfortable answer is that a corporation doesn't change its nature depending on how many owners it has. There is no scaled-down version of the corporate form for the person who is alone. The day it was formed, a complete legal person was born, with the same separation obligations it would have if there were twenty shareholders. You are not the corporation, even if you're the only one who uses it.

And there is something worth saying plainly: the sole owner is precisely the one most exposed.

When there are partners, disorder corrects itself. Someone asks where that transfer came from, someone demands that it be documented, someone checks the numbers because it's their money too. That uncomfortable friction is what keeps the books clean. The sole owner has no such friction. Nobody asks them anything. And since nobody asks, the only evidence that the company and the owner are different things is whatever the owner decides to put in writing. If they don't, there is none.

That is the underlying problem. When the separation has to be proven, and someday it will, the sole owner has no partners to back their version, no minutes of discussions, no counterparties. They have their word and their bank statements. If the statements show a single pocket, their word isn't enough.

The money does come out, but through doors

Nobody is telling you that you can't get paid from your own business. Of course you can. What happens is that each way of taking money out has its own name, its own requirement and its own tax consequence. There are five doors:

Salary (payroll).

If you work in the corporation, you are its employee. You are paid like any other employee: with withholdings, with payroll taxes, with your W-2 at the end of the year. This is the main door for the owner who also works in the business.

Distribution or dividend.

It's the sharing of the company's profits with its shareholders. It isn't pay for working, it's a return for being an owner. How it is taxed depends on whether your corporation is a C or an S, and that is a topic of its own.

Expense reimbursement.

You paid for something for the business out of your own pocket and the company pays you back. This isn't income for you, as long as the receipt exists and the expense truly belongs to the business. It requires receipts and a consistent method for processing them.

Shareholder loan.

The company lends money to you, or you to it. It's legitimate, but it has to look like a real loan: documented in writing, with amount, term, interest and payments. A loan with no paperwork, no interest and no repayment is not a loan, and nobody is going to treat it as one.

Rent.

If the company uses something that belongs to you, such as a premises or a vehicle, it can pay you rent at market price. It's income for you and an expense for it.

What happens when it goes out the side

Unclassified withdrawals don't disappear. They stay on the statement, and later someone has to decide what they were. That "someone" can be the IRS itself. The consequences fall on three levels.

The tax level. The money that went out has to be something. If your corporation didn't pay you a salary but you took money out all year, there is a risk that those withdrawals get treated as unreported salary, with the payroll taxes that should have been paid and the corresponding penalties. Or that they get treated as distributions, with their own effect. What is not going to happen is that they get treated as nothing.

The legal level. Here is the part almost nobody associates with taking money out of the bank. The protection a corporation gives you, the one that separates the company's assets from your personal ones, is neither automatic nor permanent. It depends on the separation being real. When accounts are used interchangeably, when money goes back and forth with no record, when in practice the company and the owner are the same pocket, that separation stops existing in fact. And a separation that doesn't exist in fact is hard to defend when it's needed.

The practical level. This is the one that shows up first and bothers the most, even though it doesn't keep anyone up at night. Books that don't add up. An accountant who charges double to reconstruct a whole year of transactions with no description. A sale of the business that gets complicated in the review.

And one that hits where you least expect it: the day you go to buy a house and the bank can't find a way to prove that you earn what you earn. The business is healthy, the account has activity, and still the file doesn't hold up. That case has its own article.

"But I used to have an LLC and I took money whenever I wanted"

This is, by far, the most common explanation of how you got here.

In a single-owner LLC taxed in the simplest way, the owner can indeed withdraw funds with a lot of flexibility. That withdrawal has its own name, owner's draw, and its own logic. A great many entrepreneurs start that way, get used to that freedom, and later form a corporation or convert their LLC. The habit travels with them. The rule doesn't. When you operate under a corporation, the flexibility is over. Not because someone decided to make your life difficult, but because there is now another legal person involved, and that person has to keep track of what it hands over and to whom.

The special case: when there is an S election

If your company is taxed as an S-Corp, everything above applies, and a requirement of its own appears: the owner who works in the business must receive a reasonable salary for that work before taking distributions.

It's the point where the most people go wrong, because the temptation is obvious: take everything as distribution and nothing as salary. That topic has too much substance to cover in passing, so we leave it for its own article.

Signs that this describes you

  • You transfer from the business account to your personal one with no description or record
  • You use the company card for personal expenses and fix it later
  • You own a corporation and have never received a W-2 from it
  • You couldn't say whether what you took out last month was salary, distribution or reimbursement
  • Your accountant asks you every year about transactions you no longer remember
  • There is a single bank account for everything
  • You're the sole owner and so never saw the need to document anything

What to do if you recognized yourself

There is no need to panic or to undo the past. What's needed is to put things in order from here on.

1

Truly separate.

One account for the company, another for you. No personal expense comes out of the business account.
2

Decide which door you get paid through.

If you work in the business, you almost always need to set up payroll. If you also distribute profits, that goes separately and is recorded as what it is.
3

Give every outflow a name.

Every transfer must have a description from the moment it's made. Classifying in December what happened in March is reconstructing, not bookkeeping.
4

Document what already happened.

Past withdrawals need a treatment. Ignoring them doesn't erase them.
5

Check whether your structure matches your reality.

Many people have a corporation because someone recommended it, without anyone explaining what obligations came with it.

In short

The good news is that fixing this isn't complicated. What's complicated is discovering it late, when there is already an audit, a pending loan or a lawsuit involved.

If, reading this, you recognized your own situation, it's worth sitting down to review how money is leaving your company and put it in order before someone else asks that question for you.

Related articles