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Does an S-Corp make sense for my wife? Is it even allowable?

Posted on 5/30/19 at 2:49 pm
Posted by Tigerfan56
Member since May 2010
10526 posts
Posted on 5/30/19 at 2:49 pm
My wife is contemplating changing jobs and doing freelance contracted journalism work.

We are trying to determine the effective pay difference between the new work, and her current job. In calculating this, it’s clear that the SE taxes she would be paying for self employment income are pretty rough. One way around this is an S-Corp. Would this be worth it and is it even allowable for her circumstance? It’s different from a business, it’s just my wife doing contract writing/editing for companies.

There also isn’t a lot of expenses she would incur. It would basically just be deductible household expenses from her office. I’ve basically determined the following.

On a schedule C
40,000 income
(1,400) expenses (this only includes 1/7 of our annual utilities, RE tax, mortgage interest. Plus $500 for misc. expenses)
$38,600 taxable income

Fed tax (12%) (4,632)
SE tax (15.3%) (5,906)

Net after tax of $28,062

How would this look if it was an S-Corp? Would we save money? Is it even allowed?
Posted by hungryone
river parishes
Member since Sep 2010
11987 posts
Posted on 5/30/19 at 3:01 pm to
quote:

There also isn’t a lot of expenses she would incur. It would basically just be deductible household expenses from her office.

I have zero to offer on the S Corp front, but I just wanted to say that you're probably underestimating her expenses. She can deduct work related training and education, with its attendant travel: conferences, meetings, professional group meetings. She can deduct professional memberships, like SPJ or IACP or whatever flavor to which she belongs. She can deduct any materials purchased to help her complete her assignments, like books or other research materials for background information/research, equipment like a laptop, tablet, printer; her internet connection and/or any database or news service subscriptions; her quickbooks or other accounting software subscription, a percentage of her cell phone service......
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 5/30/19 at 3:23 pm to
Is there still a home office deduction?
Posted by hedgediver
LSU
Member since Sep 2004
2101 posts
Posted on 5/30/19 at 3:34 pm to
In an S Corporation you are still supposed to take reasonable compensation in the form of salary, which is still subject to SS and Medicare. I think based on the numbers you provided you would have a hard time arguing with the IRS that her entire profit shouldn’t be considered this reasonable salary.
Posted by Tigerfan56
Member since May 2010
10526 posts
Posted on 5/30/19 at 3:59 pm to
quote:

In an S Corporation you are still supposed to take reasonable compensation in the form of salary, which is still subject to SS and Medicare. I think based on the numbers you provided you would have a hard time arguing with the IRS that her entire profit shouldn’t be considered this reasonable salary.


I think you’re right. That’s one of the reasons I was debating if an S-Corp even made sense.
Posted by Pussykat
South Louisiana
Member since Oct 2016
3889 posts
Posted on 5/30/19 at 4:41 pm to
quote:

n an S Corporation you are still supposed to take reasonable compensation in the form of salary, which is still subject to SS and Medicare


You would have to file quarterly payroll tax returns, w-2 and an annual S-Corp return. That costs.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40978 posts
Posted on 5/30/19 at 4:52 pm to
The way an S Corp is "supposed" to work, is that the income you earn from "managing/owning" your business isn't subject to payroll tax (aka S/E tax, kinda), while the income you earn from your actual personal efforts in the business, is subject to payroll tax.

Having a S Corp for a company that does personal services (like journalism) and no employees, is pretty much a scam. I'm not going to say people don't do it cause they do. And your odds of getting audited are low (the audit would be on the amount of your "salary" which is subject to payroll tax, and if it's "reasonable".

But if you were to get audited, you would have almost nothing to stand on, to justify that something less than 100 percent of her net earnings isn't truly wage compensation to her.

Not to mention, any small tax savings will be eaten up by payroll costs and the costs of another income tax return and other potential compliance costs.

When your wife is figuring out how much to charge for these freelance jobs, she needs to keep the S/E tax burden in mind.

Also, as others have said, I would focus on documenting and taking every possible business deduction, as that reduces both income tax and S/E tax.

Also, state taxes?
This post was edited on 5/30/19 at 4:54 pm
Posted by tigeralum06
Member since Oct 2007
2916 posts
Posted on 5/30/19 at 7:44 pm to
At that income, I would consider forming a 50/50 partnership. She is general partner subject to se tax. You are limited partner with no se tax.

Just saved you half of your se tax. Let me know where to mail the invoice.
Posted by Verdi
Fulshear, TX
Member since Mar 2013
139 posts
Posted on 5/30/19 at 8:38 pm to
We set up my wife’s side job as a C Corp taxed as an S. Can’t speak to the tax savings but something to research.
Posted by dirtsandwich
AL
Member since May 2016
7027 posts
Posted on 5/31/19 at 7:05 am to
quote:

We set up my wife’s side job as a C Corp taxed as an S. Can’t speak to the tax savings but something to research.

So you’ve set this up without considering the tax consequences? For the love of Pete, why would you do that?!?!
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6989 posts
Posted on 5/31/19 at 7:15 am to
quote:

We set up my wife’s side job as a C Corp taxed as an S.


You converted a C into an S. You wouldn’t set up a C taxed as an S.
Posted by Verdi
Fulshear, TX
Member since Mar 2013
139 posts
Posted on 5/31/19 at 8:18 am to
Article

“C corporations are subject to double taxation, but methods of reducing corporate taxable income, such as increasing compensation to shareholder-employees, all have their own limitations.
One method is to elect to be taxed as an S corporation, eliminating double taxation without the need to liquidate the corporation, but it may not be a solution for all types of corporations, due to restrictive rules on corporate structures, classes of stock, types of permitted shareholders, and other limitations.”


Maybe I am missing something or it could have changed recently



We understood our situation and made the choice but my statement was I have no clue the tax implications on the posters situation.

Posted by TigerDeBaiter
Member since Dec 2010
10727 posts
Posted on 5/31/19 at 10:06 am to
Doesn’t make sense in the slightest, and is potentially fraudulent.
Posted by Fat Bastard
alter hunter
Member since Mar 2009
90959 posts
Posted on 6/3/19 at 12:37 pm to
NO

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