Self-Employed & Taxes: Schedule C vs S Corporation
Are you self-employed and want to save on self-employment taxes?
Then becoming an S Corporation might be a great option for you! Below we will
go over the basic taxation you will see as a Schedule C versus an S
Corporation, outline when it makes sense to become an S Corporation, and discuss
how to become an S Corporation.
Note: Income taxes are the same under either scenario, so
we will only be comparing PAYROLL taxes.
PAYROLL TAXES USING SCHEDULE C
EXAMPLE FOR SCHEDULE C
PAYROLL TAXES AS AN S CORP
As an S Corporation, you are now an employee of your
business. Your business will issue you a Form W-2 at year-end for the wages
paid to you during the year. Anything not paid out as wages you can take out as
a shareholder distribution with no negative tax impact (assuming you have
adequate basis…we won’t get into those details here).
In addition, the factors the IRS mentions as part of determining reasonable compensation include:
- training and experience
- duties and responsibilities
- time and efforts devoted to the business
- dividend history
- payments to non-shareholder employees
- timing and manner of paying bonuses to key people
- what comparable businesses pay for similar services
- compensation agreements
- the use of a formula to determine compensation
Obviously there is some incentive to keep wages lower to pay
less in payroll taxes. Therefore, we encourage you to keep documentation of the
methodology you used to support your reasonable wage amount, should the IRS
ever request it in an audit.
EXAMPLE FOR S CORP
The same as our Schedule C example, let’s say
you have net income of $100,000. You determine that a reasonable wage would be
$35,000. Instead of paying 15.3% on the $100,000 of net income, you are now
only paying that 15.3% (plus a tiny bit more for state unemployment taxes and
federal unemployment taxes) on the $35,000 of wages. That means $5,355 of FICA
taxes (the W-2 equivalent of self-employment taxes). The remaining ~$65,000 of
profit could be distributed payroll tax free!
SIDE-BY-SIDE COMPARISON
WHEN DOES IT MAKE SENSE TO BECOME AN S CORPORATION?
- an additional tax return – an S Corp files Form 1120S with a due date of March 15 (can be extended 6 months to September 15)
- payroll processing fees – there will be monthly/quarterly/annual payroll form requirements so we recommend hiring a payroll processor to file these and remit the payroll taxes
- accounting fees – an S Corp return is more sophisticated [than a Schedule C], as it has Balance Sheet accounting; thus, we highly recommend (and require for our clients) hiring an accounting professional to either completely maintain your financials or at a minimum, do an annual tie out/review of the financials (note: we use QuickBooks for all of our clients)
- state fees – some states, such as California, charge a minimum amount for an S Corp in their state ($800 minimum for California); you will need to look at your specific state to see its rules and regulations
Therefore, it would be advantageous to estimate your payroll
tax savings vs your additional costs.
Another
potential motivation in becoming an S Corporation beyond just the net savings:
a Form 1120S is approximately 5 times LESS LIKELY to be audited
as compared with Schedule C on your Form 1040.
HOW TO BECOME AN S CORPORATION
There are two ways to become an S Corporation. The first,
and most common way we deal with, is to elect to have your LLC (Limited
Liability Company) taxed as an S Corporation. The second, less common way is to
set up a true-blue Corporation. In either case, you will file Form 2553 with
the IRS which tells them you are choosing to be taxed as an S Corporation.
IMPORTANT NOTE: The earliest
date you can elect to be treated as an S Corp is the date your LLC was formed.
If you were operating as a sole proprietorship (without an LLC) before, then
you first need to create an LLC as the potential start-date of your S
Corporation election. Technically you have 3 months from the date the LLC was
formed or the first day of the tax year (if not your 1st year of
operation) to elect S Corp status with the IRS, though we have been very successfully
in filing late elections.
As always, feel free to reach out to us at Arndt &
Company with any questions!
Thank you!
Kayla Weaver, CPA