Client Profile

Client profile
BusinessA specialty trades contractor
Annual revenue$5,360,000
Net profit$935,000
Prior entitySingle-member LLC, Schedule C
StateWashington
Reasonable compensation set$425,000
Annual tax savings$26,705

The Situation

The client operated a specialty trades contractor through a single-member LLC reporting on Schedule C, with $5,360,000 of revenue and $935,000 of net profit. All of that profit was subject to self-employment tax, costing approximately $47,919 per year before income tax.

The Challenge

The owner had been told an S election would save money but had also been warned about reasonable compensation exposure, and had done nothing for three years as a result. The concern was legitimate: officer compensation is one of the most reliably adjusted items in a small business examination, and an unsupported salary invites back payroll tax, penalties, and interest across every open year.

What We Did

1. Elected S-Corp taxation for the existing LLC

The LLC did not need to be converted to a corporation. Filing Form 2553 gave the entity S-Corp tax treatment while leaving the operating agreement, liability protection, and state law status untouched.

2. Built a defensible reasonable compensation analysis

Rather than applying a percentage rule, which has no authority behind it, we priced the roles the owner actually performs against Bureau of Labor Statistics wage data and industry compensation surveys, adjusted for hours worked, business size, and geography. The blended figure supported $425,000 in annual W-2 compensation, documented in a written compensation memorandum and an employment agreement adopted before the year began.

3. Ran genuine payroll

Compensation was paid ratably through the year with quarterly Forms 941 and proper deposits, not as a single December true-up. The remaining $510,000 of profit was distributed free of self-employment tax.

4. Layered a retirement plan on the new wage base

The W-2 wage created capacity for employer retirement contributions that did not exist under Schedule C in the same form. A profit sharing contribution of $46,000 was added, worth approximately $17,000 at the owner's combined marginal rate.

The Result

Payroll tax fell from approximately $47,919 to $35,203, a gross saving of $12,700. Net of roughly $2,995 in additional return preparation and payroll processing costs, the entity change was worth $9,705 per year, and the retirement contribution added approximately $17,000 more, for a combined annual benefit of about $26,705.

Key Takeaways

  • An existing LLC can elect S-Corp treatment without converting to a corporation.
  • Reasonable compensation was priced from market wage data, not from a percentage rule.
  • Payroll was run ratably through the year, since a single December true-up is a recognizable pattern.
  • The S election reduces employment tax only; it never reduces income tax.

Frequently Asked Questions

How was the reasonable compensation figure determined?

By pricing each role the owner performs against Bureau of Labor Statistics Occupational Employment and Wage Statistics and industry salary surveys, blending them by time allocation, and adjusting for hours, business size, and geography. The analysis supported $425,000 and was documented contemporaneously.

Is there a 60/40 rule for S-Corp salary?

No. There is no safe harbor percentage in the Code, regulations, or IRS guidance. The standard is a facts-and-circumstances analysis against what comparable businesses pay for comparable services, using the nine factors summarized in IRS Fact Sheet FS-2008-25.

Does the S election reduce income tax?

No. The profit is taxed at the same ordinary rates either way. The election reduces self-employment and payroll tax only, which is the entire source of the saving here.

Could a lower salary have saved more?

In the short term, yes, but it would have created examination exposure and, above the Section 199A taxable income thresholds, could have reduced the qualified business income deduction by more than the payroll tax it saved. We modeled both effects before setting the number.

Talk Through Your Situation

Every situation turns on its own facts. Schedule a discovery call and we will walk through what applies to you, what it is worth, and what it would take to put it in place.

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