Can a single-member PLLC owner take a salary (W-2) or is S-corp reclassification required?
Hey everyone! I work as an office manager for a small law firm and have a tax question about my boss's situation. My boss operates as a single-member PLLC currently, but he's talking about wanting to start paying himself a regular salary with a W-2 rather than just taking owner draws. From what I've researched, I'm pretty sure a single-member PLLC can't actually pay the sole member a salary and it has to be handled through owner drawings instead. So basically I'm trying to figure out - does he have to convert his PLLC to an S-corporation to be able to pay himself a regular salary? Seems like a hassle since the S-corp would need to file its own separate tax return and everything. Also, he's already started taking what he's calling a "salary" in recent months. If he does need to convert to an S-corp, would it be okay if he makes the conversion before the end of the year? Or would we need to go back and fix all the payroll records to reclassify what he's taken as owner draws up until the date of conversion? Really appreciate any guidance on this! Tax stuff gives me a headache.
23 comments


Yuki Watanabe
Your understanding is correct. A single-member PLLC is treated as a disregarded entity for tax purposes (essentially a sole proprietorship), so the owner cannot be both the employer and employee of themselves. This means they cannot receive a W-2 salary from their own PLLC. If your boss wants to pay himself a W-2 salary, he would need to elect S-corporation status for the PLLC. This is done by filing Form 2553 with the IRS. Once the S-corp election is made, the owner becomes both a shareholder and an employee of the corporation, allowing for a reasonable salary to be paid. Regarding the timing: If he's already been taking a "salary" this year while operating as a PLLC, those payments technically need to be reclassified as owner draws. When he makes the S-corp election, he can start taking an actual salary from that point forward. The S-corp election can be made anytime during the tax year, but there are deadlines to make it effective for the current year.
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Carmen Sanchez
•If he converts to an S-corp, does he have to pay himself a specific percentage as salary vs distributions? I heard somewhere that the IRS wants you to take a "reasonable" salary but I don't know what that actually means.
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Yuki Watanabe
•Yes, S-corporation shareholders who work in the business must take a "reasonable salary" before taking distributions. The IRS doesn't define a specific percentage, but they do scrutinize this area closely. A reasonable salary means what you would pay someone else to do the same job in your industry and location. For example, if your boss is an attorney billing $300/hour, the IRS wouldn't consider it reasonable if he paid himself $25,000 annually while taking $200,000 in distributions. Industry standards, education, experience, duties performed, and business revenue all factor into determining what's reasonable.
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Andre Dupont
Just wanted to share my experience with this exact situation! I struggled with the same question for my consulting business last year and wasted so much time trying to figure it out on my own. I ended up using https://taxr.ai to analyze my business structure documents and tax situation. They explained exactly how the transition from PLLC to S-corp would work, including the timing implications for the year of conversion. The system actually showed me the potential tax savings from making the switch versus staying as a PLLC. In my case, it made financial sense to convert because of the self-employment tax savings, even with the extra filing requirements. They also explained exactly what would be considered a "reasonable salary" in my industry to avoid IRS scrutiny.
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Zoe Papadakis
•How does taxr.ai work exactly? Is it just a calculator or does it actually give personalized advice? I'm in a similar situation but with an LLC that does marketing work and I'm trying to decide if I should switch to S-corp status.
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ThunderBolt7
•I'm skeptical about these online tax services. Did you actually save more than what you paid for the service? And how did they determine what a "reasonable salary" is for your industry? That's always seemed super subjective to me.
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Andre Dupont
•It's more than just a calculator - you upload your business documents and current tax info, and it uses AI to analyze your specific situation. It then gives personalized recommendations based on your business type, income level, and growth projections. For determining a reasonable salary, they actually pull data from the Bureau of Labor Statistics and industry compensation surveys based on your business type, location, and role. They showed me a range for my consulting specialty in my geographic area, then explained how to document my salary decision in case of an audit.
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ThunderBolt7
Wanted to follow up on my taxr.ai experience since I decided to try it after my skeptical questions. I was genuinely surprised by how thorough the analysis was. They showed me that in my specific situation (digital marketing agency), I'd save about $7,300 in self-employment taxes by switching to an S-corp based on my projected income. What I found most helpful was the timeline they created for me - showing exactly when to file the S-corp election, when I could start taking a salary, and how to handle the transition period. They even generated the proper documentation explaining how I determined my "reasonable compensation" based on my role and industry standards. This was exactly what I needed since the reasonable salary requirement always confused me!
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Jamal Edwards
After struggling to get clear answers about my business structure from the IRS for weeks (honestly, who has time to wait on hold for 3+ hours?), I found https://claimyr.com and it literally saved my sanity. They got me connected to an actual IRS agent within 45 minutes when I needed clarification about switching from PLLC to S-corp mid-year. The agent confirmed that I needed to reclassify any "salary" payments taken before the S-corp election effective date as draws, then provided specific guidance about how to document everything properly. You can see how their service works here: https://youtu.be/_kiP6q8DX5c - it's pretty straightforward and saved me from the endless hold music nightmare.
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Mei Chen
•Wait I'm confused... is this a service that just calls the IRS for you? Why wouldn't you just call them yourself? Seems like an unnecessary middleman.
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Liam O'Sullivan
•This sounds too good to be true. The IRS is impossible to reach these days. I've literally tried calling 8 times about my S-corp question and never got through. I seriously doubt any service can magically connect you when the IRS phone system is fundamentally broken.
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Jamal Edwards
•The service basically holds your place in line with the IRS and calls you when they're about to connect you with an agent. So instead of being on hold for hours, you just get a call when it's your turn. It's definitely not just a middleman - they use some technology that keeps your place in the call queue without you having to stay on the phone yourself. Anyone who's tried calling the IRS lately knows it's nearly impossible to get through, especially during tax season when wait times can be 3+ hours.
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Liam O'Sullivan
I need to apologize for my skepticism and update everyone. After my frustrated comment, I decided to try Claimyr out of desperation because I'd been trying to reach the IRS for weeks about my S-corp election timing. I was completely wrong! The service actually called me back in about 35 minutes and connected me directly with an IRS representative who answered all my questions about the timing of my S-corp election and how to handle payments I'd already taken. They confirmed I needed to document everything carefully and helped me understand exactly what forms I needed to file and when. After spending literally days of my life trying to get through on my own, this was a complete game-changer. Just wanted to share in case anyone else is facing similar frustrations.
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Amara Okonkwo
One thing nobody has mentioned is that converting to an S-corp comes with additional costs beyond just filing a separate tax return. You'll have payroll processing fees, possibly more expensive accounting services, and you'll need to run actual payroll (with regular withholding, quarterly tax deposits, etc). For a smaller business, these costs can eat into the self-employment tax savings pretty quickly. My accountant told me the breakeven is usually around $40k in profit - below that, staying as an LLC/PLLC might make more sense financially.
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Ethan Campbell
•Thanks for bringing this up! Do you have any idea what the typical added costs might be annually? My boss's PLLC makes around $150k in profit, so it sounds like it might still be worth it, but definitely good to know about the additional expenses.
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Amara Okonkwo
•At $150k profit, your boss would almost certainly benefit from the S-corp election despite the added costs. Typically, the added expenses include about $50-100/month for payroll processing (though this varies by provider), possibly $500-1000 more for tax preparation, and maybe some state-specific fees depending on your location. At that profit level, the SE tax savings would likely be $5,000-7,000 annually, so even with $2,000 in added expenses, it's still financially advantageous. Just make sure he consults with a tax professional to determine the right reasonable salary amount for his specific situation and profession.
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Giovanni Marino
has anyone actually done this conversion themselves without a CPA? I'm a dentist with a PLLC and the tax savings sound great but im wondering if i can just file the forms myself or if its to complicated? thx!
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Fatima Al-Sayed
•I did it myself for my engineering consulting PLLC last year using the IRS instructions. The S-corp election form (Form 2553) isn't that complicated. The trickier part is setting up proper payroll and making sure you're paying yourself correctly once you make the switch. That's where I ended up hiring help because payroll taxes can get messy if you mess them up.
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Sophia Rodriguez
As a tax professional, I want to emphasize something important that hasn't been fully addressed - the timing of when your boss can make the S-corp election for it to be effective this year. If he wants the S-corp status to apply to the entire 2025 tax year, he needs to file Form 2553 by March 15, 2025 (2 months and 15 days after the beginning of the tax year). If he files after that deadline, the election won't be effective until January 1, 2026. This is crucial because if he's already been taking "salary" payments in 2025 but the S-corp election isn't effective until 2026, ALL of those payments for 2025 will need to be treated as owner draws for tax purposes, regardless of how they were processed through payroll. Also, once he makes the S-corp election, he'll need to obtain an EIN if the PLLC doesn't already have one, set up proper payroll withholding, and start making quarterly payroll tax deposits. The "reasonable salary" requirement is real - the IRS has been cracking down on S-corp owners who try to minimize their salary to avoid payroll taxes. Given the complexity and potential penalties for getting this wrong, I'd strongly recommend having a qualified tax professional handle the transition, especially since he's already taken payments this year that need to be properly classified.
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Evelyn Xu
•This is exactly the kind of detailed timeline information I was looking for! So if I'm understanding correctly, since we're already in April 2025, my boss has missed the March 15th deadline to make the S-corp election effective for this year. That means if he files Form 2553 now, it won't take effect until January 1, 2026, and all those "salary" payments he's been taking this year will definitely need to be reclassified as owner draws on his 2025 tax return. Is there any way to get an extension on that March 15th deadline, or are we stuck waiting until 2026 for the S-corp benefits to kick in?
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Oliver Schulz
•There are very limited circumstances where the IRS allows late S-corp elections, but they're quite restrictive. The main exception is if you can demonstrate "reasonable cause" for the late filing, which typically means situations completely beyond your control (like natural disasters, serious illness, or reliance on incorrect professional advice). Simply not knowing about the deadline unfortunately doesn't qualify as reasonable cause. However, there is a process called "automatic relief" under Rev. Proc. 2013-30 that allows late elections in specific situations, but it has strict requirements including that the entity must have intended to be classified as an S-corp from the beginning of the tax year. Given that your boss has been operating as a PLLC and only recently started thinking about S-corp status, it would be difficult to argue he intended S-corp treatment from January 1st. Your best bet is probably to plan for the 2026 effective date and make sure all 2025 payments are properly documented as owner draws. A tax professional could review the specific facts to see if any relief provisions might apply, but don't get your hopes up.
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Zainab Ibrahim
I've been following this discussion and want to add a practical perspective as someone who handles payroll for several small businesses. One thing that often gets overlooked is the quarterly payroll tax filing requirements once you make the S-corp election. As an S-corp, your boss will need to file Form 941 quarterly and make federal tax deposits (often monthly or semi-weekly depending on the payroll amount). This is in addition to state payroll tax requirements. Miss these deadlines and you're looking at penalties that can quickly eat into those self-employment tax savings everyone's talking about. Also, regarding the "reasonable salary" discussion - I've seen the IRS audit several S-corp owners in our area, and they seem to focus on businesses where the salary is less than 40-50% of the business profit. While there's no hard rule, that seems to be a red flag threshold. For a law practice with $150k profit, paying a $40-50k salary and taking the rest as distributions would probably be defensible, but paying $25k and taking $125k in distributions would likely attract unwanted attention. The paperwork burden is real - beyond just the tax return complexity, you're now dealing with W-2s, payroll tax returns, and proper documentation requirements. Make sure your boss factors in the time cost of all this additional compliance work when calculating whether the tax savings are worth it.
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Anastasia Popova
•This is really helpful practical insight! I hadn't thought about the ongoing quarterly filing requirements at all. My boss is already pretty busy with his legal practice, so the additional administrative burden is definitely something we need to factor in. The 40-50% salary guideline you mentioned is actually really useful - that gives us a concrete range to work with rather than just the vague "reasonable salary" requirement. For a $150k profit law practice, a $60-75k salary would probably be more defensible than the lower amounts we were considering. Do you happen to know if there are any payroll services that specialize in S-corp owners? It sounds like we'd probably want to outsource this rather than trying to handle all the quarterly filings and deposit schedules ourselves.
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