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Is a One-Person Corporation Required
to have an Employee?

In Rev. Rul. 71-86, 1971-1 C.B. 285, an individual was the president and sole shareholder of a corporation. The individual fixed his own salary, hours and duties and was not responsible to anyone else. The individual was held to be an employee of the corporation even thought the corporation was closely held and the individual was in charge of its activities. These factors were considered immaterial, because the individual’s services were material to the operation of the corporation and he was entitled to and received remuneration for his services from the corporation. Thus, the individual fell within the definition of an officer/employee set forth in section 31.3121(d)-1(b) of the regulations.

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