S-corporation elections and entity setup
Electing S-corporation status can reduce self-employment tax, but it adds payroll, a separate return and California's franchise tax. I show you both sides with your numbers before you decide.
Who this is for
Sole proprietors and single-member LLC owners whose profit has grown
New corporations and LLCs deciding how to be taxed
Owners who elected S status and aren't sure the setup is right
The analysis
- Self-employment tax vs. payroll tax
- SE tax under IRC §1401 compared with FICA on a reasonable salary, net of payroll and compliance costs.
- IRC §1401
- California cost
- The 1.5% franchise tax on S-corporation net income, with the $800 minimum (R&TC §23802).
- R&TC §23802
- Reasonable compensation
- A salary you can support with the work you do and market data, not a number picked to minimize tax.
- Rev. Rul. 74-44
- The effect on §199A
- S-corporation wages reduce qualified business income, which can lower the §199A deduction.
- IRC §199A
If you go ahead
File Form 2553, generally within 2 months and 15 days of the start of the tax year it's meant to cover (IRC §1362(b)). If that deadline has passed, I check whether late-election relief under Rev. Proc. 2013-30 applies.
Set up payroll for owner wages. Payroll runs through a provider you manage yourself.
Set up the books to track shareholder basis, distributions and accountable-plan reimbursements.
Calendar the 1120-S, the 100S and the quarterly payroll filings.
Forming the entity is legal work. I coordinate with your attorney on the articles and bylaws, and I handle the tax election and the accounting side.
Questions
At what profit does an S election make sense?+
There's no single number. It depends on the salary your role supports, payroll costs, California's franchise tax and your other income. The free S-Corp calculator gives a first estimate; I work through the details with you.
Can an LLC be taxed as an S-corporation?+
Yes. An eligible LLC can elect S-corporation status on Form 2553. It is treated as having elected to be taxed as a corporation, so a separate Form 8832 isn't needed (Treas. Reg. §301.7701-3(c)(1)(v)(C)).
S-Corp vs. Sole Proprietor
Estimates self-employment tax savings from an S election, after a reasonable salary and the cost of running payroll.Calculator · BUS-05Entity Comparison
Sole proprietorship, S-corporation and C-corporation compared on the same profit, with optional California entity taxes. Excel modelC-Corp to S-Corp Conversion Analyzer
C-corporations weighing an S election, and the CPAs advising themThinking about an S election? Ask me.
Send a few sentences. If it fits, you get an engagement letter with the scope and fee, and the IRC §7216 consent forms. Documents go through the secure portal.
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