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Norah Quay

Social Security retirement at 62 while setting up LLC/S-corp for plant nursery - earnings limit concerns

I'm turning 62 next month and trying to navigate retirement while keeping my passion business going. I've been running a small plant nursery/garden center on the side for years, but now I want to quit my soul-crushing office job and focus on growing the nursery business. My question is about Social Security earnings limits and business structures. I know there's that annual earnings limit (around $21,240 for 2025?) if I start collecting SS at 62. But I'm confused about how this works if I transition my nursery to an LLC or S-corp. I've heard an LLC that's taxed as an S-corp might be ideal, but I'm not sure how Social Security would count that income toward the earnings limit. Does anyone know if the business structure affects how SSA views my income? Can I use either entity type to legally manage how much "earned income" counts toward the limit? I want to do everything by the book while maximizing my retirement income and growing my plant business. My wife will be retiring in about 3 years too, so I'm trying to get things set up right for both of us.

I did something similar when I retired at 62 with my consulting business. The earnings test applies to wages and net earnings from self-employment. With an S-corp, only your actual salary counts against the earnings limit, not distributions. The LLC taxed as S-corp option is smart because you can pay yourself a "reasonable salary" under the earnings limit, then take additional money as distributions that don't count toward the limit. Just be careful - the salary has to be reasonable for your industry and business size. If the SSA or IRS thinks you're artificially lowering your salary to avoid the earnings limit, you could face penalties. I recommend working with a good accountant who understands both Social Security and small business taxation.

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Thank you so much! That's exactly what I was hoping to hear. Do you have any idea what a "reasonable salary" might be for a small nursery business? The annual revenue is around $75,000 but I'm hoping to grow it to $150,000 within two years.

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Careful with this!! My brother tried something similar with his woodworking business and got in trouble. The SSA looks at what ur actually DOING in the business not just how u file papers!!! If ur the one running everything and just trying to call it "distributions" instead of earnings they can come after u later!!!!

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This is actually an important point. The key is that you need to be legitimately operating as a business with the proper structure. You can't just relabel self-employment income as distributions. With an S-corp, you need to run payroll, file the appropriate tax forms, hold meetings, etc. It's not just about filing papers - you need to operate as the business type you choose.

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I've been through this exact situation with my wife's jewelry business when I retired. Here's what you need to know about the earnings test: 1. For 2025, if you're 62, you can earn up to $21,240 without any reduction in benefits 2. For every $2 you earn above that limit, SSA withholds $1 in benefits 3. ONLY earned income counts - this includes wages and net earnings from self-employment The LLC taxed as an S-corporation is definitely the way to go because: - S-corp distributions (profits after your salary) are NOT subject to self-employment tax - Only your W-2 salary from the S-corp counts toward the earnings test - You must pay yourself a "reasonable salary" first before taking distributions I recommend consulting with both a tax professional and a Social Security expert before making your final decision. The structure is perfectly legal as long as you follow all the rules properly.

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My cousin just told me that if you make TOO MUCH money they take AWAY all ur benefits not just some!!! Is that true?????

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No, that's not accurate. They only withhold benefits according to the formula ($1 reduction for every $2 over the limit). And once you reach your Full Retirement Age (66-67 depending on birth year), there is no earnings limit at all. Any benefits withheld previously are gradually returned through higher monthly payments after you reach FRA.

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I set up S-corp for my business when I retired at 62 last year. Trust me, get a GOOD accountant who knows about Social Security rules!!! I almost messed up my benefits because I didn't structure things right at first. Also, the plant nursery business might have some specific tax issues with inventory and agriculture exemptions - make sure your accountant knows about those too. Good luck with your retirement!

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Honestly I'm going through the same exact thing with my SS right now and it's driving me INSANE trying to get answers!!! I've called SSA like 20 times and either get disconnected or wait for hours and then get someone who gives me different info each time. One person said my LLC income wouldn't count and another said it would and now I don't know what to believe!!!

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I had the same frustrating experience trying to get through to SSA about my retirement questions last month. After wasting days trying to get answers, I finally used a service called Claimyr (claimyr.com) that got me connected to an SSA agent in under 20 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. I was skeptical, but it actually worked and I got all my questions about self-employment income and retirement benefits answered by an actual knowledgeable agent. Definitely better than the endless hold music and disconnections!

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I'm a retired accountant who specialized in small businesses. Here's my advice: 1. The LLC taxed as an S-corp is indeed your best option for minimizing the impact of the SS earnings test. 2. For a nursery business with $75K revenue, a reasonable salary might be $15-20K depending on your duties and local market rates. This keeps you under the 2025 earnings limit of $21,240. 3. As the business grows, you may need to increase your salary proportionately to maintain "reasonableness" - there's no fixed percentage, but typical S-corp owners often pay themselves 25-40% of profits as salary. 4. Keep meticulous records separating your personal activities from the business. 5. Consider hiring part-time help, even if just a few hours weekly. This strengthens the case that the business isn't just a shell for your self-employment. 6. Remember that at Full Retirement Age, the earnings limit disappears completely, and any previously withheld benefits get recalculated into your ongoing payment. The key is having the business legitimately structured as an operating entity separate from yourself personally.

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This is incredibly helpful, thank you! I already have one part-time employee who helps during busy seasons, and I was planning to hire another. Sounds like that would help establish the business as a legitimate separate entity. I'll start interviewing accountants who specialize in both small businesses and retirement planning.

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My friend tried to do the S-corp thing with his woodworking business and ended up having to pay back a bunch of SS benefits because he didn't take enough salary. Don't get too aggressive with how low you set your salary! The IRS and SSA do talk to each other about this stuff.

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One more important point: the month you reach full retirement age (not just the year, but the actual month), the earnings test becomes much more generous. For that partial year, the 2025 limit is around $56,520, and they only withhold $1 for every $3 you earn over that amount. Then the month you hit FRA, the earnings test disappears completely. So your strategy might evolve as you get closer to FRA. You might decide to take a larger salary in the year you reach FRA since the impact will be much less.

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I hadn't considered the partial year approach! My FRA is 67, so that's still 5 years away, but definitely something to plan for. Do you know if the rules around "reasonable salary" ever change? I wonder if there are any guidelines specific to nursery/agriculture businesses.

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my brothers friend got AUDITED when he did this!!!! be careful!!!!!!

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Audits usually happen when people are too aggressive with their strategies. The key is to follow the rules and be reasonable. Document why you set your salary at the level you did - industry standards, your duties, hours worked, etc. Keep corporate minutes explaining your compensation decisions. The IRS typically has issue with unreasonably LOW salaries, not reasonable ones.

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As someone who went through a similar transition with my landscaping business at 62, I can confirm that the LLC taxed as S-corp structure works well for managing the earnings limit. The key things I learned: 1. Document EVERYTHING - keep detailed records of business meetings, decisions, and why you set your salary at a specific level 2. Don't go too low on salary - I used industry salary surveys to justify mine 3. Make sure you're actually running it like a corporation (separate bank accounts, proper record keeping, etc.) 4. Consider seasonal variations - nursery businesses often have peak seasons, so you might want to structure your salary to account for that One thing that helped me was joining the local nursery association and getting their salary survey data to support my compensation decisions. Also, since you mentioned your wife retiring in 3 years, think about whether she could become an employee or partner in the business - that might give you more flexibility with compensation strategies. The peace of mind of having everything properly structured is worth the extra accounting costs. Good luck with your retirement and growing the business!

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This is really reassuring to hear from someone who's actually done it! I love the idea about joining the nursery association for salary data - that's exactly the kind of documentation I need to justify my compensation decisions. The seasonal aspect is something I hadn't fully considered either. My nursery is definitely busiest in spring and early summer, so maybe I could structure the salary to reflect that natural business cycle. The suggestion about my wife potentially joining as an employee is interesting too. She has a green thumb and has been helping informally for years anyway. Might be worth exploring how that could work once she's closer to her own retirement. Thanks for the practical advice from someone who's been through this exact situation!

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I'm in a very similar situation - turning 62 in a few months and have been running a small retail business on the side while working full-time. The information in this thread has been incredibly helpful! One thing I wanted to add based on my research: make sure you understand the difference between the annual earnings test and the monthly earnings test. In your first year of retirement, Social Security can use a monthly test instead of the annual one, which might give you more flexibility. For 2025, that monthly limit would be around $1,770. This could be helpful if you're planning to retire mid-year and want to take larger distributions later in the year. Also, since you mentioned wanting to grow the business significantly, you might want to plan for how your "reasonable salary" will need to increase as the business grows. The IRS expects S-corp owner salaries to be reasonable compared to what you'd pay someone else to do the same work. As your nursery grows from $75k to $150k in revenue, you'll likely need to justify a higher salary to maintain compliance. Have you considered consulting with a financial planner who specializes in retirement transitions? They can help you model different scenarios and timing strategies to maximize your total retirement income over the long term.

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This is such a helpful point about the monthly vs annual earnings test! I hadn't heard about that option before. Since I'm planning to retire from my office job in late spring/early summer (right when the nursery gets busy), the monthly test could be perfect for my situation. I could potentially take a larger salary during the busy season and smaller distributions during the slower winter months. The point about planning for salary increases as the business grows is really important too. I've been so focused on staying under the current earnings limit that I hadn't fully thought through how that strategy needs to evolve. A financial planner who understands both retirement transitions and small business growth sounds like exactly what I need. Do you have any recommendations for finding one with that specific expertise? Thanks for adding these insights - this whole thread has been incredibly valuable for planning my transition!

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Great thread everyone! As someone who recently went through the SSA application process at 62, I wanted to add a few practical tips that might help: 1. When you file for Social Security, make sure to inform them upfront about your business structure and how you plan to take income. Being transparent from the start helps avoid issues later. 2. Keep quarterly records of your salary vs distributions - SSA may ask for this documentation during their periodic reviews of your earnings. 3. Consider timing your S-corp election carefully. You can elect S-corp tax treatment for an existing LLC retroactively up to 2 months and 15 days after the beginning of the tax year, which gives you some flexibility in planning. 4. Don't forget about state taxes! Some states treat S-corp distributions differently, so factor that into your overall retirement income strategy. The nursery business is perfect for this approach since it's a legitimate operating business with real customers, inventory, and employees. Just make sure you're treating it like a real business in all respects - separate books, business insurance, proper invoicing, etc. The more professional your operation looks, the less likely you'll have any questions from SSA or IRS. Good luck with your retirement and growing the plant business! It sounds like you have a solid plan developing.

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