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Tax Strategy

LLC vs S-Corp: when to elect S-Corp status

The rule of thumb is $80k net profit — but the math depends on your state, industry, and how much salary you can defend to the IRS.

2026-06-15·8 min read

Most founders form an LLC first and think about S-Corp later. That's usually right — but "later" isn't a fixed date. It's a math problem.

The rule of thumb: $80k net profit

Below $80k net profit, the payroll setup, quarterly filings, and W-2 tax overhead usually eat the savings. Above $80k, the 15.3% self-employment tax on the distributions above your reasonable salary starts saving you real money.

Reasonable salary is the whole game

The IRS requires S-Corp shareholders to pay themselves a "reasonable salary" before taking distributions. If you set it too low, you'll invite an audit — and losing an audit means back taxes + penalties + interest.

Industry benchmarks:

  • **Software consultants**: 40-50% of net profit
  • **Freelance designers**: 45-55%
  • **Real estate agents**: 30-40% (commission-based)
  • **Doctors/dentists**: 60-70% (specialist salaries are high)
  • The break-even math

    At $80k profit, an LLC pays ~$12,240 in SE tax. An S-Corp with a $40k salary pays ~$6,120 in FICA on the salary and $0 on the $40k distribution. Savings: $6,120 — before you account for the $1,500-$2,500/year payroll + tax prep overhead.

    Above $150k profit, the savings get big fast. At $200k profit with a $80k salary, you save about $18k/year.

    When NOT to elect S-Corp

  • Your net profit is under $60k
  • You reinvest most profit back into the business
  • You're planning to raise VC (they'll want a C-Corp anyway)
  • You're on a visa other than a green card (S-Corps require US Citizen or LPR shareholders)
  • How AG FinTax helps

    We run the numbers on your specific situation. Wizard Step 5 has a live S-Corp savings calculator — plug in your profit estimate and see the answer.