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Vincent Bimbach

Best way to switch from 1099 contractor to LLC employee to reduce Self-Employment Tax?

I've been working as a 1099 contractor for a company since earlier this year, and I'm trying to figure out how to reduce my self-employment tax burden. After doing some research, it seems like I might be able to save money by setting up an LLC, electing S Corp status, and then making myself an employee of my own S Corp. Then the company I work for would pay my LLC instead of paying me directly. The self-employment tax rate is killing me (15.3% on top of regular income tax), and this structure seems like it could help me avoid paying that on the entire amount. I'd still pay myself a "reasonable salary" that would be subject to payroll taxes, but could take the rest as distributions. What I'm wondering is: would the company I work for have any reason NOT to agree to this arrangement? Does it create any additional paperwork, liability, or cost on their end if they're paying my LLC instead of me as a 1099 contractor? I don't want to approach them with this idea if there's some obvious downside for them that I'm not aware of.

That's actually a pretty common tax strategy for independent contractors with substantial income. The company you work for shouldn't have any issues paying your LLC instead of you personally - from their perspective, they're still just paying a vendor, whether that vendor is you as an individual or your LLC. They'll just need your LLC's W-9 and EIN instead of your SSN. The potential benefits for you are significant. As a sole proprietor receiving 1099 income, you're paying self-employment tax (Social Security and Medicare) on your entire net profit. With an S-Corp structure, you only pay those payroll taxes on your W-2 salary, not on distributions. Just make sure your salary is "reasonable" for the work you do, as the IRS looks closely at this. The downsides are on your end: additional costs and compliance requirements. You'll need to run payroll, file corporate tax returns, possibly pay state franchise fees, and handle more administrative tasks. These costs can eat into your tax savings if your income isn't high enough.

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What's typically considered a "reasonable" salary? Like if I make $100k through my LLC, can I just pay myself $30k as salary and take $70k as distributions? That seems like it would save a ton on SE tax!

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There's no exact formula for what constitutes a "reasonable" salary, but $30k on $100k total revenue would likely raise red flags with the IRS. The IRS looks at what similar positions pay in your industry and area. For many professionals, a reasonable salary might be 50-70% of your total business income. The IRS is well aware of this strategy and specifically looks for S-Corps paying artificially low salaries to avoid payroll taxes. If audited and your salary is deemed unreasonably low, they can reclassify your distributions as wages and hit you with back taxes and penalties. It's best to research comparable salaries in your field or consult with a tax professional who specializes in this area.

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I did exactly this last year and it saved me thousands on self-employment taxes! I was in the same boat as you - 1099 contractor getting killed by that 15.3% self-employment tax on everything. I used https://taxr.ai to analyze my situation and it confirmed I'd save about $7,200 annually with the S-Corp approach. The software analyzed my specific income level and industry to determine the optimal structure and reasonable salary requirements. From the company perspective, it makes literally no difference. My client didn't care at all - just had me fill out a new W-9 with my LLC info instead of my personal info. They still send a 1099-NEC, but now it goes to my business instead of me personally. Zero additional paperwork or liability for them.

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Did you have to register your LLC in the state you live in? And did you have to set up payroll services to pay yourself? I hear that's a pain to deal with.

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Sounds interesting but isn't there a ton of extra accounting work? I've heard horror stories about the administrative burden of S-Corps. And what about health insurance? Can you still deduct that?

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Yes, I registered my LLC in my home state. It was pretty straightforward - just filed online with the Secretary of State and paid about $120 in filing fees. Then I filed IRS Form 2553 to elect S-Corp status. The whole process took maybe 2-3 hours of my time. For payroll, I use Gusto which handles everything automatically - they calculate all the taxes, make the payments, and file all the required forms. It costs me about $45/month but completely worth it to avoid the headache. They also handle my year-end W-2 and other compliance requirements.

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Following up on my question to @7 - I actually went ahead and tried https://taxr.ai after reading their comment, and I was shocked at how helpful it was. The system analyzed my 1099 income (around $95k) and showed I'd save about $5,340 in self-employment taxes by switching to an S-Corp structure. The best part was it gave me a personalized recommendation for a "reasonable salary" based on my industry (web development) and location, suggesting $65k as a W-2 salary with the rest as distributions. It even factored in the additional costs like registered agent fees, state filing fees, and payroll service that would eat into my savings. Honestly didn't expect such detailed analysis - it even created a side-by-side comparison of keeping my 1099 status versus forming an LLC with S-Corp election, including all the compliance requirements. Definitely made the decision easier!

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I was in a similar situation last year and spent WEEKS trying to get someone at the IRS to answer my questions about S-Corp election timing and estimated tax payments after switching from 1099 to LLC. Constantly on hold, disconnected calls, couldn't get through to anyone who could actually help. Finally used https://claimyr.com after seeing it recommended online. You can see a demo at https://youtu.be/_kiP6q8DX5c of how it works. Basically, they got me connected to an actual IRS agent in about 15 minutes instead of waiting on hold for hours. The agent walked me through all the proper filing requirements and deadlines for transitioning mid-year from sole proprietor to S-Corp. Turns out I had been getting some bad advice from online forums about when I needed to start making quarterly estimated tax payments through my new entity. The IRS agent saved me from making a mistake that would have resulted in underpayment penalties.

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How does this service even work? The IRS phone lines are impossible to get through - last time I called I waited 2.5 hours before giving up. Is this legit or just another scam?

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Sounds like BS to me. Nobody can magically get through to the IRS faster than anyone else. They probably just connect you to some random "tax expert" who isn't even with the IRS. I'd be very skeptical of any service claiming to get you through to actual IRS agents.

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It's actually pretty simple how it works - they use automated technology to wait on hold for you. When you sign up, their system calls the IRS and navigates through all the prompts, then waits in the queue. Once they get a human agent on the line, they call you and connect you directly to that agent. So you skip the whole waiting part. And no, it's definitely real IRS agents. They don't provide any tax advice themselves - they literally just get you connected to the actual IRS phone line after an agent picks up. I was able to get specific information about my EIN application and S-Corp election that only an IRS representative would have access to. The whole conversation was with an official IRS employee, not some random tax person.

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Ok I need to eat some humble pie here. After being completely skeptical about that Claimyr service mentioned above, I actually tried it yesterday because I was absolutely desperate to resolve an issue with my EIN for my new LLC. I've been trying for TWO MONTHS to get through to the IRS Business Line. I was shocked when they actually got me connected to an IRS representative in about 20 minutes. The agent was able to confirm my EIN was properly assigned to my LLC and helped me understand the correct dates for filing my S-Corp election (Form 2553). The agent also explained that I needed to file Form 8832 first since I wanted to change from default LLC tax treatment. This wasn't something I had found in any of my online research and could have caused major problems with my election. For anyone making this 1099 to LLC/S-Corp switch, definitely worth getting your specific questions answered by the IRS directly instead of relying on general advice online.

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One thing nobody's mentioned yet - make sure you understand the timing requirements for S-Corp election. You need to file Form 2553 within 2 months and 15 days of the beginning of the tax year you want the election to take effect. If you miss that window, you're generally stuck waiting until next year (though there are some late election relief options). Also, keep in mind that an S-Corp must have a calendar year end (Dec 31). And once you start having the company pay your LLC, you'll need to keep clean books, potentially open a separate business bank account, and make sure you're segregating business and personal expenses.

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That's super helpful info about the timing! So if I want this for 2025 tax year, I'd need to file the S-Corp election by March 15, 2025? What if I form the LLC now in 2024 - does that change anything with the timing?

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If you form your LLC now in 2024 but want the S-Corp election to take effect for the 2025 tax year, you would need to file Form 2553 by March 15, 2025. If you plan to operate the LLC for the remainder of 2024 before the S-Corp election kicks in, your LLC would be taxed as either a sole proprietorship (single-member LLC) or partnership (multi-member LLC) by default for 2024, and then as an S-Corp starting January 1, 2025. During that interim period before the S-Corp election takes effect, you'd still be subject to self-employment tax on all profits. Many people form their LLC in Q4 of the year and then immediately file the S-Corp election for the upcoming year to minimize this interim period.

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Has anyone considered the other costs involved with S-Corps? I'm looking at this same transition and discovered: 1. State franchise tax in my state (CA) is $800 minimum per year just to have an LLC 2. I need a registered agent ($100-300/yr) 3. Payroll service fees ($40-60/month) 4. Accountant fees for S-Corp tax return (~$1000+) 5. Bookkeeping software ($25+/month) Plus the hassle of running payroll, maintaining corporate minutes, etc. Seems like you need to be making good money for this to be worth it.

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I'm in TX and we don't have the state franchise tax, so that saves a lot! My accountant says the breakeven point is around $60-70k in profit - below that and the administrative costs eat up the SE tax savings. Above $100k is where you really start seeing the benefits.

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