Change an employee's 2% shareholder status - S-corps

Summary

Admins can learn how to identify employees who are 2 percent S-Corp shareholders in Gusto—based on when the update is made, and if they've already had benefit deductions, next steps will vary.

Users Intent

 

Context Variations

 

Content

To identify the employees who are 2% S-Corp shareholders in Gusto, your business must be listed as:

  • A C Corporation (C-Corp) that's taxed as an S-Corp or;
  • An LLC (that's taxed as an S-Corp).

If your company is not set up in Gusto as a C-Corp or LLC that's taxed as an S-Corp, change your entity type first

If you're changing an employee's shareholder (owner) classification in Gusto, the timing of the change and if they've had previous benefit deductions determine next steps. Choose the most applicable scenario from the dropdowns below to learn more. 

Important reminders

  • Make sure an employee-owner's 2% shareholder status is accurate—this affects how their health insurance premiums are taxed and affects eligibility for other benefits.
    • 2% or less shareholders who are paid as W-2 employees are eligible to participate in pre-tax section 125 benefit deductions.
    • Greater than 2% shareholders are not eligible to participate in pre-tax section 125 benefit deductions (IRS resource here).
    • If you have Gusto-managed benefits, we need to know if your shareholders are 2% or less, or greater than 2% shareholders, so we can make sure your contribution scheme is compliant.
  • Gusto does not support 2% shareholder owners who need to receive both a taxable salary and a non-taxed distribution —if you have an owner who is a W-2 employee (with taxable wages) but requires tax-free distributions, you'll have to handle the distributions for this person outside of Gusto (and any related tax forms).
Shareholder designations for C-Corporation payroll

C-Corporation employees who are also shareholders do not need a special designation in payroll. They are treated the same as all other employees for wages, benefits, and payroll taxes.

Do I need to mark employees as shareholders in Gusto?

No. For C-Corporations, shareholder-employees are treated just like regular employees. They receive the same payroll tax treatment.

They are eligible for all standard pre-tax benefits without restrictions.

How is this different for S-Corporations?

S-Corp shareholders with more than 2% ownership must be designated. These shareholders are treated as partners for fringe benefit purposes.

Most pre-tax benefits become taxable income for them.

What this means for your payroll

Set up C-Corp shareholder-employees as regular employees in Gusto. They automatically qualify for full pre-tax benefit eligibility.

No special payroll rules or restrictions apply.

 

Solution Properties

Keywords
employee profile details scorp change owner status change s-corp owner end year corp totals employer paid benefits scorp s-corp corp greater than 2 percent shareholder owner company sponsored benefits c corp owners shareholders c-corp owners shareholders
Solution ID
106622010100000
Last Modified Date
10/28/2025 11:01:12 AM
Attributes
Gusto Attributes
  • Role: Employers; Accountants/Partners
  • Category: People; Benefits
  • Plan type: Core; Complete; Concierge
  • Who brokers my benefits?: A third party; Gusto
Taxonomy
  • Employers and admins > People > Hire and onboard > Employment changes
Collections
  • Admins
  • External
  • Support Agent
Views
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