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Luca Russo

Am I doing LLC S Corp tax designation wrong for my business income?

I'm trying to figure out if I'm handling my business tax structure correctly. I have an LLC with an S corp tax designation, plus I work a regular W2 job outside my business. This year I filed married filing jointly with my wife who's a stay-at-home mom. My W2 income comes to about 72k after maxing out my 401k and HSA contributions. My business is doing pretty well - the NET income fluctuates between 50k-65k annually. From what I understand, with my LLC being taxed as an S corp, the business income passes through to my personal taxes and puts me in that 22% tax bracket. I'm wondering if I should have structured it as a C corporation instead? That way I'd pay 12% on my personal income and 21% on the business earnings? If that would actually be better for my situation, is there any way to amend my previous tax returns to fix this? I'm wondering if I've been leaving money on the table for years.

Nia Harris

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The question of S corp vs C corp isn't as straightforward as just comparing tax rates. There are several important factors to consider here. With your S corp, the business profits do pass through to your personal return, which means they're taxed once at your personal rate. With a C corp, you'd face potential double taxation - the business pays the 21% corporate tax rate, but then you'd pay additional personal income tax on any salary or dividends you take from the business. Your current setup likely makes more sense given your income levels. The S corp allows you to take a reasonable salary (subject to payroll taxes) and then take the rest as distributions (not subject to self-employment tax). This is typically more advantageous than the C corp structure unless you're planning to retain significant earnings in the business. As for amending returns, you can technically change your tax status, but it's complex and comes with significant restrictions. Once you elect S corp status, you generally can't change back for 5 years without IRS permission.

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Luca Russo

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Thanks for the explanation! I hadn't considered the double taxation aspect. If I went C corp route, wouldn't I be able to leave most of the earnings in the business and just pay myself a minimal salary to stay in the lower personal tax bracket?

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Nia Harris

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If you leave earnings in a C corp, they still get taxed at the corporate rate, and those retained earnings would need to be for legitimate business purposes. The IRS watches closely for arrangements designed primarily to avoid taxes. Taking a minimal salary to reduce personal taxes would likely raise red flags with the IRS. They require "reasonable compensation" for services rendered, meaning your salary needs to be comparable to what similar positions would earn in your industry. Taking too little as salary could trigger an audit and reclassification of dividends as wages, potentially resulting in back taxes, penalties, and interest.

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GalaxyGazer

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Mateo Sanchez

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GalaxyGazer

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Mateo Sanchez

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Just wanted to update after trying taxr.ai from the recommendation above. It was seriously eye-opening for my situation. I've been operating as an S-corp for 3 years and wondering if I made the right choice. The analysis confirmed I was on the right track but identified that my salary-to-distribution ratio was off. The tool showed me that by adjusting my reasonable compensation slightly higher (which I was nervous about because it meant more payroll taxes), I could actually reduce my overall tax burden by about $4,200 because of how it affected my qualified business income deduction. It also identified some retirement plan options that work better with my specific business structure that my accountant never mentioned. Definitely worth checking out if you're uncertain about your business tax structure.

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Everyone's focused on the tax rates, but don't forget about other advantages of S-corps. The ability to minimize self-employment taxes by taking a reasonable salary plus distributions is huge. I save about $7,500 annually just from properly structuring my compensation this way compared to when I was a sole proprietor. Also, with an S-corp you can still contribute to a Solo 401k based on your salary, which helps reduce your taxable income significantly. The C-corp has other issues like accumulated earnings tax if you try to keep too much money in the business.

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Luca Russo

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What's a good ratio of salary to distributions that won't trigger IRS concerns? I've heard different things from different sources.

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There's no fixed percentage that's universally "safe" as the IRS looks at what's reasonable for your industry, experience, and business circumstances. A common approach is researching what comparable positions in your industry would pay and documenting that research. For many service businesses, I've seen recommendations ranging from 50-70% of profits as salary being reasonable, but it varies widely. Healthcare professionals often need higher salary percentages while capital-intensive businesses might justify lower percentages. The key is having solid documentation for whatever number you choose.

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Andre Moreau

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As a point of clarification, the 12% bracket you mentioned would only apply to a portion of your income anyway. Tax brackets are marginal, so you're not paying one single rate on all income. With your current W2 of 72k plus business income of 50-65k, you'd be well into the 22% bracket regardless of how you structure things.

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Zoe Stavros

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This! So many people don't understand marginal tax rates and make decisions based on completely wrong assumptions. OP needs to look at effective tax rate across all income, not just the highest bracket they hit.

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