Start With the Math

Should You Even Make the S Corporation Election?

An S corporation is not automatically better than a sole proprietorship. Payroll-tax savings need to be compared against reasonable compensation, payroll and tax-preparation costs, QBI, retirement contributions, state taxes, and the additional administrative burden.

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Payroll

Reasonable Compensation Is the Center of the S Corp Strategy

S corporations can reduce employment taxes because business profit remaining after reasonable compensation generally isn't subject to Social Security and Medicare tax. But that does not mean the goal is to make your salary as low as possible.

Start With Market Wages

Compensation should reflect what physicians performing comparable work would reasonably be paid, adjusted for specialty, geography, hours, and responsibilities.

Account for Your Actual Work

Clinical work, administrative responsibilities, management duties, and whether you work full-time or part-time all matter. Reasonable compensation is a facts-and-circumstances analysis.

Document the Calculation

A random percentage of revenue is not a compensation methodology. Build and retain support for the salary you choose rather than trying to recreate it after an IRS examination.

Don't Wait Until December to Fix Payroll

Compensation planning works best when payroll is reviewed during the year. Waiting until year-end can create withholding problems, missed retirement-plan opportunities, and rushed corrections.

Business Expenses

An Accountable Plan Is One of the Most Useful S Corp Tools

A sole proprietor can deduct qualifying business expenses directly on Schedule C. An S corporation shareholder has a different problem: expenses paid personally generally need to be reimbursed by the corporation if you want the corporation to capture the deduction cleanly.

Common Reimbursements

  • Home-office expenses
  • Business mileage on a personally owned vehicle
  • Business use of cell phone and internet
  • Supplies and other expenses accidentally paid personally

Why It Matters

Under a properly administered accountable plan, the corporation generally deducts the qualifying business expense while the reimbursement isn't treated as taxable compensation to the shareholder.

It also keeps the books cleaner by separating true distributions from reimbursements of business expenses.

Shareholder Basis

Money in the Bank Doesn't Always Mean You Can Distribute It Tax-Free

S corporation shareholders have stock basis. Income can increase basis, while distributions, losses, and certain other items can reduce it. If distributions exceed available stock basis, part of the distribution can become taxable capital gain.

Cash and Basis Are Different

A corporation can have plenty of cash while the shareholder has relatively little stock basis. Financing equipment, accruing expenses, or making large deductible retirement contributions can create exactly that situation.

Review Basis Before Large Distributions

Basis is especially important before year-end distributions, large retirement contributions, debt-financed purchases, or unusual transactions. The tax consequences can be very different from what the bank balance suggests.

Debt Basis Has Its Own Rules

Personally lending money to your S corporation can create shareholder debt basis, but guaranteeing a corporate loan generally isn't the same thing. Basis planning should happen before losses or distributions create a problem.

State Taxes

The Federal S Corp Savings Are Only Part of the Calculation

States don't all treat S corporations the same way. Entity taxes, franchise taxes, payroll rules, pass-through entity tax elections, registration requirements, and multi-state filing obligations can materially change the economics.

Pass-Through Entity Tax

In many states, an S corporation can elect to pay qualifying state income taxes at the entity level. For the right physician, that can create a valuable federal deduction — but the rules vary significantly from state to state.

Working in Multiple States

A physician who performs services in several states can create corporate registration, income-tax, payroll-withholding, and apportionment obligations in addition to the individual nonresident returns already associated with multi-state work.

Common Problems

S Corp Mistakes I See Physicians Make

Most S corporation problems aren't caused by the election itself. They happen because the corporation is treated like a Schedule C business after the election.

Using an arbitrary salary percentage Reasonable compensation should be based on the work performed, not a rule of thumb.
Skipping payroll during the year Waiting until December to manufacture compensation can create unnecessary problems.
Paying personal expenses directly from the corporation Reimburse qualifying business expenses through an accountable plan instead.
Ignoring shareholder basis Large distributions can become taxable even when the corporation has enough cash to make them.
Putting appreciating assets into the S corporation Getting appreciated property back out of a corporation can create taxable gain.
Forgetting shareholder health-insurance rules More-than-2% shareholders require special payroll and tax-return treatment.
Choosing salary without considering retirement plans Lower payroll isn't necessarily better if it limits valuable retirement contributions.
Assuming every state follows the federal result State entity taxes, PTET elections, payroll rules, and registrations can completely change the math.
Physician S Corporation Resources

Keep Learning

S corporations touch almost every part of a physician's tax plan. These resources explore some of the decisions that deserve a closer look.